THE GOVERNMENT 



OF 



IOWA 





Book tBiL. 



GopyrightN . 



H* 



COPYRIGHT DEPOSIT 



THE GOVERNMENT OF IOWA 



THE GOVERNMENT OF IOWA 



BY 
FRANK EDWARD HORACK, A.M., Ph.D. 

ASSISTANT PROFESSOR OF POLITICAL SCIENCE IN THE 

STATE UNIVERSITY OF IOWA, AND SECRETARY 

OF THE STATE HISTORICAL SOCIETY 

OF IOWA 



NEW YORK 

CHARLES SCRIBNER'S SONS 

191 1 



r 






COPYRIGHT, 1911 
BY CHARLES SCRIBNER'S SONS 




€-CU297454 



TO THE MEMORY OF MY MOTHER 



PREFACE. 

In the preparation of this book it has not been the 
author's purpose to write an exhaustive treatise on the 
Constitutional Law of Iowa. On the contrary, he has 
aimed in these pages to give a narrative and descriptive 
account of the government of Iowa, divorced as far as pos- 
sible from legal verbiage and prosaic references to articles, 
titles, chapters, sections, and paragraphs of Constitution, 
Code, and Statutes. For the convenience of students and 
teachers who desire the exact wording of the State Con- 
stitution, the text of that instrument has been added in an 
Appendix. 

The tendency, in recent years, of constitution makers to 
limit the powers of the legislature by incorporating numer- 
ous and often non-essential subjects in the Constitution 
has made many of our State Constitutions lengthy docu- 
ments. Sometimes we find jumbled up with the outline 
of the framework of the government subjects which have 
no place in a written Constitution. Where such pro- 
visions occur in the Constitution of Iowa, they have fre- 
quently been passed over by the author as unimportant in 
the study of Iowa government. Moreover, our State Con- 
stitution is not altogether systematic in its arrangement. 
Sometimes the same subject is referred to in several places. 

vii 



Vlll PREFACE. 

By the adoption of the topical method it is believed 
that a more convenient arrangement for study has been 
provided. 

Wherever statutory legislation has supplemented con- 
stitutional provisions herein considered, the author has 
endeavored so far as practicable to make use of such ma- 
terial. Some of the newer institutional forms of democracy 
which have recently been enacted into law, such as the 
primary election, the commission plan of city government, 
and the like, have been included in the discussion. Statu- 
tory provisions are, of course, subject to change at any 
session of the General Assembly; and so, a text-book on 
State and local government must always be supplemented 
by legislation enacted subsequent to its publication. 

The purpose of the author has been to explain both the 
organization and the functions of government. Nor has 
he hesitated to express freely his own opinions relative to 
the organization or activities of the State. Teachers and 
students alike must always bear in mind the fact that 
government in the United States is popular government, 
and that changes in organization and administration are 
constantly being made to meet the most recent demands 
of the people. The old notion that the individual exists 
for the State has been discarded : we now say that the 
State exists for the individual. Government is a very 
human institution and at every point the human element 
is apparent. It should be the duty of the teacher to instil 
sound notions of public morality, to teach both the spirit 
and the letter of the law, and to encourage the pupil to 
observe for himself the actual workings of government so 



PREFACE. ix 

that he may ever after take an intelligent and high-minded 
interest in public affairs. 

The author is especially indebted to Professor Benjamin 
F. Shambaugh, Head of the Department of Political Science 
in the State University of Iowa, for his many valuable 
suggestions during the preparation of this book, and for 
his critical reading of the entire manuscript. Further- 
more, the Maps Illustrative of the Boundary History of 
Iowa were compiled by Professor Shambaugh in connection 
with an article written by him for The Iowa Journal of 
History and Politics. The maps are copyrighted by the 
State Historical Society of Iowa and are reproduced here 
by permission of the Society. 

The plates for the map showing the accessions of terri- 
tory from the Indians, made for the Iowa Census of 1905, 
were kindly loaned by Hon. A. H. Davison, Secretary of 
the Executive Council of Iowa. Professor John E. B rind- 
ley of Ames kindly read and revised the chapter on tax- 
ation, and Professor Forrest C. Ensign, State High School 
Inspector, gave many helpful suggestions in reference to 
our school system. To Dr. Dan E. Clark, Assistant Editor 
for the State Historical Society of Iowa, I am deeply in- 
debted for the excellent index to this volume, and for his 
careful and expert proof reading. To many others who 
have given me encouragement and assistance, I am like- 
wise much indebted. 

FRANK EDWARD HORACK. 
The State University of Iowa, 
Iowa City, Iowa, 
1911. 



CONTENTS. 



CHAPTER PAGE 



I. The Land and Resources . . . 

II. Population and Ethnic Elements . 

III. Early History and Explorations . 

IV. The Foundations of Government in Iowa . 
V. The Organic Act and Constitutions of Iowa 

VI. Our Civil Rights 

VII. Suffrage, Elections, Party Machinery 

VIII. The Legislative Department . . 

IX. The House of Representatives, or Lower House 

X. The Senate, or Upper House 

XI. The Executive Department .... 

XII. Administrative Officers, Boards, and Commis 

sions 

XIII. The Judicial Department .... 

XIV. The County and its Government . 

XV. The Civil Township and its Government 

XVI. The Government of Cities and Towns . 

XVII. Amendments to the Constitution . 

XVIII. Taxation 

XIX. Education and the School System 

XX. Social and Economic Legislation . 

Appendix — The Constitution of Iowa 

Index 



i 
6 

13 

22 
26 
35 
43 
51 
60 
69 
73 

87 
105 
112 
122 
125 
!35 
139 
145 
!55 

167 

207 



XI 



LIST OF MAPS. 



Map I. Illustrative of Indian Land Cessions in Iowa •/- 

between pages 8 and 9 

Map II. Illustrative of the Northwest Territory, the Territory of 

Indiana, and the Territory of Michigan between pages 18 and 19 ' 

Map III. Illustrative of the Boundaries of the Original Territory 
of Wisconsin and the Separate Territory of Iowa 

between pages 20 and 21 * 

Map IV. Illustrative of the Lucas Boundaries between pages 28 and 29 

Map V. Illustrative of the Nicollet Boundaries 

between pages 30 and 3 1 

Map VI. Illustrative of the Date of Establishment and Present 

Boundaries of Counties in Iowa . . between pages 112 and 113 J 



THE GOVERNMENT OF IOWA. 

CHAPTER I. 

THE LAND AND RESOURCES. 

The Physical Basis of Government. — Physiography has 
always been an important factor in moulding the character 
of a people and determining the nature of their political 
institutions. We may, therefore, better understand our 
own State by first considering its physical features and its 
material resources. Iowa is renowned as an agricultural 
and stock-raising Commonwealth. It lies in the very heart 
of the great Mississippi Valley, a region unsurpassed in 
the productiveness of its soil. In fact, a large part of the 
world looks to the Mississippi Valley for its necessary food 
supply. .. i i 

The State Boundaries. — The State of Iowa stretches 
from the majestic Mississippi on the east to the rapid Mis- 
souri on the west. It is bounded on the north by Minne- 
sota, and on the south by Missouri. The exact location 
of the southern boundary line almost precipitated an armed 
conflict between Iowa, which was then a Territory, and 
Missouri, in 1839. Within this imperfect rectangular area 
lie 55,475 square miles, or 35,504,000 acres, of the most 
fertile land the sun has ever shone upon. 

The Land. — Iowa is usually described as a rolling prairie ; 
and such, indeed, is its general topography. One of our 



2 THE GOVERNMENT OF IOWA. 

State Geologists, the late Professor Samuel Calvin, says: 
" It would seem that a very short chapter ought to be suffi- 
cient to include all that can be said concerning the physical 
features of Iowa ; for the state is simply an extensive plain 
— over large areas a very monotonous plain — lying be- 
tween the great rivers and rising but little above them at 
any point." Yet here and there, especially along the water- 
courses, rugged hills and picturesque bluffs often rise to the 
height of three or four hundred feet. A part of this hilly 
region in the northeastern part of the State has aptly been 
called " the Switzerland of Iowa." 

The Prairies. — "It is estimated," says Dr. White, an 
earlier State Geologist, " that seven-eighths of the surface of 
Iowa was prairie when the State was first settled." To the 
early explorer and pioneer, who had fought his way through 
the stubborn forests and underbrush of the eastern part of 
the continent, these treeless prairies were an object of great 
wonder and interest. To stand upon them was like being 
out in midocean. The horizon seemed like a perfect circle ; 
and the heavens rose like an inverted bowl above the ex- 
plorer's head. Is it any wonder that on some of the early 
maps the Iowa country is designated as a " Great Desert " ? 
The early pioneers clung to watercourses, where timber, so 
necessary for building and fuel most abounded. They 
seemed to be afraid to settle in the open country, being 
ignorant of the richness of the prairie soil. 

The Work of the Glaciers. — How came Iowa to be a 
country in which the plough found itself almost independent 
of the axe and the grub hook? Geology, whose records 



THE LAND AND RESOURCES. 3 

have been written deep across the whole face of this fair 
Commonwealth, must answer. Professor Calvin says that 
" these geologic records, un tampered with, and unimpeach- 
able, declare that for uncounted years Iowa, together with 
the great valley of the Mississippi, lay beneath the level of 
the sea. So far as it was inhabited at all, marine forms of 
animals and plants were its only occupants." Countless 
ages passed ; the waters disappeared ; plant and animal life 
came to abound only to be ground down and destroyed 
later by the great sheets of ice and snow which flowed down 
from the north. Devastating as they were, the glaciers 
made Iowa what it is to-day. 

The Soil. — " Soils of uniform excellence would have 
been impossible," says Professor Calvin, "in anon-glacial 
Iowa. The soils of Iowa have a value equal to all of the 
silver and gold mines of the world combined. And for this 
rich heritage of soils we are indebted to great rivers of ice 
that overflowed Iowa from the north and northwest. The 
glaciers in their long journey ground up the rocks over which 
they moved and mingled the fresh rock flour from granites 
of British America and northern Minnesota with pulverized 
limestones and shales of more southern regions, and used 
these rich materials in covering up the bald rocks and level- 
ing the irregular surface of preglacial Iowa." Thus in the 
course of the ages Iowa was made habitable for plant, 
animal, and man through the operation of natural 
laws. 

The Resources of Iowa. — The census of Iowa for the 
year 1905 gives the number of farms in the State as 209,163, 



4 THE GOVERNMENT OF IOWA. 

representing 33,228,109 acres of land. The estimated 
value of these farms is $1,552,106,449, not including the 
value of buildings and farm implements. Upon these 
209,163 farms the great bulk of the wealth of Iowa is pro- 
duced. Corn is the chief farm product, the annual crop 
being estimated at 346,577,988 bushels; but wheat, oats, 
barley, and rye are also produced in goodly quantities, to 
say nothing of hay, vegetables, fruits, and berries. 

The total value of farm products in Iowa in the year 
1905 was estimated at $203,888,540. The value of live 
stock (cattle, hogs, sheep, horses, and fowls) upon the farms 
of Iowa is even greater than the value of the products of 
the soil, being estimated in 1905 at $218,447,468. If now 
we add to these two already large sums the value of the 
Iowa farms and the estimated annual value of the mineral 
products, such as coal, clay, stone, gypsum, lead, and zinc 
($14,961,293), we have a grand total of $437,297,301. But 
these figures, almost beyond comprehension, still give us 
only an imperfect idea of the wealth of Iowa. Manufac- 
tures are rapidly growing in this great agricultural and 
stock-raising State ; and the value of the annual products 
of 4788 manufacturing establishments is given as 
$160,604,161. 

The Railroads. — To carry the products of Iowa to the 
markets of the world, private enterprise has literally 
covered the State with a network of railroads. Over nine 
thousand miles of rails traverse the State ; and every one 
of our ninety-nine counties is crossed by one or more rail- 
roads. Indeed, it is asserted that few farmers are more 
than ten miles distant from a railroad station. 



THE LAND AND RESOURCES. 5 

The Climate. — It is not the soil alone that has made 
Iowa rich and prosperous : the climate must also be taken 
into account. Millions of acres of fertile land are scarcely 
better than a desert of sand if climatic conditions are not 
favorable to the growth of plant and animal life. The 
director of the Iowa Weather and Crop Service says: 
" Situated near the geographical center of the United 
States, too far inland to receive the equalizing thermal 
effects of winds blowing directly from the oceans, the 
climate of Iowa is strictly continental in type. This im- 
plies a very wide range in temperature, winters of con- 
siderable severity, summers of almost tropical heat, and a 
large percentage of sunshine as compared with insular 
regions. As there are no mountain ranges, nor considerable 
differences in the altitude of the several sections, the climate 
of the state is quite homogeneous. ... In fact, it is the 
best watered and most productive mid-continent region 
known on earth. Its worst drouths and seasons of floods 
have never been famine breeders." A complete failure of 
crops has never been known in Iowa. 

QUESTIONS ON THE TEXT. 

1. What is the area of Iowa in square miles ? In acres ? 

2. Why were the prairies avoided by the earliest settlers? 

3. What has made the soil of Iowa so fertile? 

4. What are the chief farm products of Iowa ? 

5. What are the chief mineral products of Iowa ? 

6. What are the characteristics of the Iowa climate ? 



CHAPTER II. 

POPULATION AND ETHNIC ELEMENTS. 

The Making of a State. — A fertile soil and a genial 
climate are two very necessary elements in the creation of a 
Commonwealth. A third and most important factor is an 
intelligent, honest, and industrious people. It has been 
Iowa's good fortune to have such a population, without 
which, indeed, the figures given in the previous chapter 
could never have been written. But long before Iowa was 
settled by white men other peoples dwelt upon our rivers 
and roamed across our prairies. 

Prehistoric Man. — The antiquity of mankind has 
always been a subject of greatest interest to man himself. 
As a human habitat Iowa is very old. Whether man was 
here before the glaciers is not at all certain. Evidences 
there are that a race or races of human beings dwelt in the 
Iowa country for countless generations before Columbus 
ever thought of his great western voyage. And even 
after the great discovery by Columbus, nearly two centuries 
had passed before the white man had gone so far into the 
interior of this continent as the Iowa country. 

The Mound Builders. — It is believed that primitive 
man moved north as the glaciers disappeared, and that 
this first human inhabitant of the Mississippi Valley was 

6 



POPULATION AND ETHNIC ELEMENTS. 7 

Eskimoid in type. " It is supposed," says Dr. Duren J. H. 
Ward, " that this little Eskimoid man was followed by the 
famous Mound Builder, who finally spread his art and 
civilization up and down the Mississippi Valley and east 
and west for great distances. His characteristic works are 
found in Ohio and in Iowa, in Louisiana and in Wisconsin. 
He has left a vast amount of evidence as to his physical 
characteristics and the material stage of his civilization; 
but he is withal a great mystery. His mounds, so numer- 
ous, constitute together the most bafTTing problem in 
Archaeology. What are they, what were they for ? Some 
of them are doubtless the remains of his dwelling places, 
but many are not. Some have religious significance; 
some may have been for defence. Doubtless in many of 
them is buried the owner of the lodge which once existed 
thereon or thereby. Probably with his bones are to be 
found his implements of peace and war, and oft-times, too, 
the bones of his slaves and his wives, who were sacrificed 
to accompany his spirit on the long voyage to the land of 
the Great Spirit." 

What became of the Mound Builder is a great mystery. 
He had disappeared, no one knows how long, before the 
first white man discovered the Mississippi Valley. That 
he lived in Iowa in great numbers is evidenced by the 
mounds which may be found on the banks of nearly every 
stream of any consequence in the State. 

The Indians. — The Mound Builder was displaced, or 
at all events followed, by the North American Indians — a 
people who to-day are rapidly approaching extermination. 



8 THE GOVERNMENT OF IOWA. 

When the country west of the Mississippi was first explored 
by the whites, the Sioux Indians were found in possession 
of Minnesota and northern Iowa. This family of red men 
consisted of the following tribes : Sissetons, Ioways, Winne- 
bagoes, Osages, Otoes, Missouris, and Omahas. The tribes 
of the Algonquin family, consisting of the Sacs, Foxes, 
Illinois, Pottawattamies, Ottaways, and Chippewas, occu- 
pied northern Missouri and southern Iowa. Of all of these 
tribes only a bare remnant of the Foxes still remain in 
Iowa. They are found along the Iowa River in Tama 
County and are known as the Meskwaki Indians. 

Indian Conflicts. — Although the warlike spirit of the 
Indian had been much broken by his contact with the 
white man, the possession of the Iowa country was not 
given up without a struggle. Indian raids and depreda- 
tions within the limits of Iowa are recorded as late as 1863. 
The most bloody of these Indian outbreaks was the Spirit 
Lake Massacre of 1857. The Black Hawk War, which was 
waged in 1832, was, however, the one great contest between 
the white man and the Indian of the Iowa country. It 
was fought in Illinois and Wisconsin, and resulted in the 
first cession of lands in the Iowa country in September, 
1832. 

Indian Cessions of Land. — A restless throng of immi- 
grants, with all their worldly possessions packed in covered 
wagons, were waiting on the frontier eager to enter the 
Indian country and there to make permanent homes and 
settlements. Little by little the Indians were induced or 
coerced to give up their rights to occupy the Iowa lands. 




Map I. Showing Cessions of Territory bt the Indians 



POPULATION AND ETHNIC ELEMENTS. 9 

The most important of these Indian land cessions were : 
the Black Hawk Purchase of 1832 ; the Keokuk Reserve of 
1836 ; the Cession of 1837 ; and the Cession of 1842. (See 
Map I of Indian Cessions.) In all of these transactions 
the Indian was not always fairly dealt with. Here in Iowa 
history has again been repeated. An inferior race had to 
give way to the more energetic and enterprising Caucasian. 
The Indian is gone forever ; but the names of our rivers, 
creeks, lakes, cities, counties, townships, and even the 
State itself perpetuate his memory. 

The Earliest White Settlers. — Probably the first white 
settler within the present limits of the State of Iowa was 
Julien Dubuque, who crossed the Mississippi in 1788, 
made friends with the Indians, married a squaw, and 
obtained from the Indians a lease of the lead mines in the 
vicinity of the present city of Dubuque. A few other 
settlements were made during the last quarter of the 
eighteenth century under Spanish grants, some of which 
were afterwards confirmed by the United States govern- 
ment as valid claims. 

The Permanent Settlement of Iowa. — After the Indian 
title had been extinguished by the Black Hawk Purchase, 
settlers began literally to pour into the Iowa country even 
before they were legally entitled to do so. From 1830 it 
became apparent that Iowa was destined to be a land of 
homes and permanent settlements. Towns sprang up with 
mushroom rapidity, some of which (such as Dubuque, 
Burlington, Davenport, and Keokuk) have continued to 
flourish and prosper. Others, like Napoleon, Buffalo, and 



IO THE GOVERNMENT OF IOWA. 

New Boston, have disappeared and yielded up their sites 
to the cultivation of corn. 

Whence came the Iowa Pioneers. — Whence the early 
settlers came has been the subject of some lively discus- 
sion. There has long been a tradition that Iowa was 
settled for the most part by New Englanders. On the 
other hand, it is well known that southeastern Iowa was 
settled largely by Southerners. In fact, the early settlers 
of Iowa came from all parts of the Union. Now it is 
reasonable to suppose that where government is in the 
hands of the people, the nativity of those in charge of the 
activities of government would be a pretty safe guide to 
the nativity of the population. This seems to be especially 
true in a pioneer community. The first Constitutional 
Convention of Iowa, which met in 1844, was composed of 
72 members. Of these, one was born in Germany, one in 
Scotland, and one in Ireland. Of those born in the United 
States, thirteen were from Pennsylvania, eleven from Vir- 
ginia, nine from New York, eight from Kentucky, eight 
from Ohio, six from North Carolina, six from Vermont, 
and one each from Massachusetts, Connecticut, New 
Hampshire, Maine, New Jersey, Tennessee, Indiana, and 
Illinois. The early settlers of Iowa represented the whole 
Union and not any one section of it. 

The Growth of Population. — In 1838 the Territory of 
Iowa had a population of 22,859; by 1844 this number 
had increased to 75,152. This rapid growth in population 
represents the pioneer scramble for cheap land in a fertile 
region. When Iowa was admitted into the Union in 1846 



POPULATION AND ETHNIC ELEMENTS. II 

the population numbered 102,388. And in the ten years 
from 1846 to 1856 it increased four times over. A writer 
in 1854 states that " immigrants to Iowa wait days to get 
a chance to be ferried across the river. They come in 
crowds a mile long, from every land, and the cry is ' still 
they come,' the immigration to northern Iowa exceeds 
anything ever seen or heard of except the stampede to 
California." The population of the State continued to 
gain up to 1900 when it numbered 2,231,853. In 1905 the 
returns showed but 2,210,050 — a decrease of 21,803 since 
1900. The Federal census of 1910 shows a population of 
2,224,771, an increase of 14,721 since 1905, but a decrease 
of 7,082 since 1900. In the ten years since 1900 the popu- 
lation has decreased in seventy-one counties of the State 
and increased in but twenty-eight. Cheaper lands in 
Canada, the far west, and the southwest have been attract- 
ing the young men of Iowa, as the Iowa country in the 
forties and fifties attracted their grandfathers from the older 
States. 

Ethnic Elements. — The earliest settlers were mostly 
native born, that is, born in the United States, of English, 
Huguenot, Scotch-Irish, and Dutch extraction. During 
the fifties the Germans and Irish came direct from their 
native countries to Iowa in considerable numbers. The 
first settlement of Dutch was made at Pella in 1847. Since 
the Civil War large numbers of Slavs, Danes, Swedes, and 
Norwegians have come to the State. The mingling of 
these various ethnic elements in Iowa has produced a 
vigorous, industrious, and intelligent people, who have 



12 THE GOVERNMENT OF IOWA. 

made Iowa what it is to-day. According to the census of 
1905 there were in the State 1,264,443 native white per- 
sons of native parents, 648,532 native white of foreign 
parents, 282,296 foreign born, and 14,831 colored. Nearly 
one-third of the population of the State is resident in towns 
of over 1000 inhabitants — thus showing the tendency of 
the people to migrate to the towns and cities in a great 
agricultural State like Iowa. 

QUESTIONS ON THE TEXT. 

1. What purposes did the mounds of the Mound Builders serve? 

2. What tribe of Indians is still found in Iowa? 

3. What was the worst Indian outbreak in the history of Iowa? 

4. Why were the Indians forced out of Iowa? 

5. Who was the first white settler in Iowa? 

6. From what parts of the Union did the pioneers of Iowa come? 

7. What has caused a decrease in population in recent years? 

8. Name the chief nationalities represented in Iowa's population. 



CHAPTER III. 

EARLY HISTORY AND EXPLORATIONS. 

The Struggle for the Middle West. — Although Iowa as 
a State is comparatively young, the early history of the 
Iowa country is full of the romance of exploration, adven- 
ture, and international conflict. The Iowa country was 
in a region coveted by the three great nations of Spain, 
France, and England. Each of these nations struggled for 
the possession of the vast unexplored domain west of the 
Mississippi. 

Early Explorers. De Soto. — Of De Soto's unfortunate 
Spanish expedition but little is known except that it was 
conceived in an avarice for gold and left a trail of slaughter 
and devastation. In 1541 De Soto discovered the lower 
Mississippi River, and the next year was buried in its 
waters. After wandering for several years, they scarcely 
knew where, across the southern part of the United States, 
scarcely two hundred and fifty of his army of one thousand 
men survived to return to the Spanish settlements. 

Nicollet. — Although he did not reach Iowa, the great 
journey of Nicollet in 1634 prepared the way for subse- 
quent discoveries. Jean Nicollet, a Frenchman, sought to 
find a short water route to China from the Great Lakes; 
and it is said that he carried with him a gorgeous Man- 

13 



14 THE GOVERNMENT OF IOWA. 

darin's robe that he might be suitably dressed when he 
arrived at the Chinese court. He found, however, only 
naked Indians along the Wisconsin River. 

Radisson and Grosseilliers. — Radisson and his brother- 
in-law Grosseilliers made a western expedition in 1660. 
Launching their canoes upon Lake Superior, they followed 
the south shore to the end of the lake. They then made 
an extensive overland journey which probably took them 
as far west as the Mississippi. In his journal Radisson 
mentions, among the Indian tribes he had met, the Main- 
gonis. " These," says Professor Lagnas G. Weld, " were 
probably the Moingonas, who at this period dwelt along 
the Illinois River, though they were found in Iowa not 
many years later. Our capital city is named from the 
river Des Moines, i.e. La riviere des Moingonas" It is 
believed that this is the earliest appearance of the name 
Des Moines in history. 

Marquette and Joliet. — To Iowans the famous first 
voyage of Marquette and Joliet down the Mississippi in 
1673 is of the greatest interest. For they were the first 
white men to discover the upper Mississippi and to make 
explorations within the present limits of the State of Iowa. 
From Marquette's journal and map we know that it was 
upon June 25, 1673, that the two men landed near the 
mouth of the Iowa River in Louisa County, 1 and proceeded 
inland along the Iowa River for some miles. Having dis- 
covered a village of Illinois Indians, they tarried several 

1 Weld's Joliet and Marquette in Iowa in the Iowa Journal of History and 
Politics, Vol. I, No. 1, pp. 3-16. 



EARLY HISTORY AND EXPLORATIONS. . 15 

days before continuing their journey down the Mississippi. 
Marquette and Joliet made their journey under French 
auspices. 

Du Luth. — This man, after whom the flourishing Min- 
nesota city on Lake Superior has been named, was the 
leader of a band of Frenchmen who carried on trade with 
the Indians, contrary to the king's orders, between 1678 
and 1 68 1. But these wood rangers or Coureurs de bois, as 
they were called, did much to extend the French trade 
and influence in the Northwest. 

La Salle. — Ambitious to extend French power in the 
West, La Salle conducted several expeditions through the 
Mississippi Valley between the years 1669 and 1687. 
Though disappointments and misfortunes accompanied 
most of his undertakings, La Salle clung steadfastly to his 
purpose ; and the French based their claims to the Louisiana 
Territory largely upon the results of his discoveries and 
explorations. He lost his life in 1687 at the treacherous 
hands of a member of his own party. 

Hennepin. — Father Louis Hennepin, as a member of 
one of La Salle's expeditions, explored the Mississippi to 
its sources in 1680. He gave the name of Saint Anthony 
to the beautiful falls on the upper Mississippi ; and his 
published accounts of the " New Discovery " were widely 
read throughout the civilized world. 

The French Title Confirmed. — These and other dis- 
coveries and explorations confirmed the title of France to 
the Mississippi Valley; while the reports of the explorers 



l6 THE GOVERNMENT OF IOWA. 

and the accounts of wilderness adventures roused many 
an ambitious youth to follow the trails into the wilderness. 
It was on the ninth day of April, 1682, that La Salle un- 
furled the French flag at the mouth of the Mississippi 
River and formally took possession of the entire valley in 
the name of the king of France. He gave to the country 
the name Louisiana in honor of his king, Louis XIV. 

The Louisiana Country. — France and England had long 
been enemies at home; and so it is not surprising that 
they were likewise enemies in the new world. France 
finally lost Canada and the Ohio Valley to the British, 
and secretly bestowed upon Spain the trans-Mississippi 
country. The success of the American colonies in their 
war for independence gave to them, in addition to the 
territory of the thirteen original States, the territory west 
of the Alleghanies and east of the Mississippi River. In 
1800 Spain receded the Louisiana country to France. By 
this time the American pioneers were rapidly pushing west- 
ward, only to find their chief avenue of commerce — the 
Mississippi River — blocked at the mouth by grievous 
burdens laid upon commerce by the Spanish and French 
authorities. 

The Purchase of Louisiana. — President Jefferson sent a 
commission to France to purchase the French rights at 
the mouth of the river ; but Napoleon, fearing that Louis- 
iana like the other French possessions in America, might 
any day fall into the hands of his British enemies, per- 
suaded the Commissioners to take the whole province of 
Louisiana for something over $15,000,000. 



EARLY HISTORY AND EXPLORATIONS. \J 

Thus, Iowa, though as yet unnamed, first became a part 
of the United States in 1803. The periods of French, 
Spanish, and again French control of the Iowa country, 
however, left little or no permanent impress upon its 
future government, because the country was as yet unsettled. 

The Government of the New Purchase. — On March 26, 
1804, Congress made provision for the government of the 
newly acquired country by dividing it into two jurisdictions 
— the Territory of Orleans and the District of Louisiana. 
The Territory of Orleans in no way concerns the history 
of Iowa ; but the District of Louisiana, of which Iowa was 
a part, was placed under the jurisdiction of the Governor 
and Judges of the Territory of Indiana. It was in 1804, 
while the Iowa country was under the jurisdiction of the 
Governor and Judges of the Territory of Indiana, that 
Governor William Henry Harrison, afterwards President 
of the United States, made the famous treaty with the 
Indians at St. Louis, which was later one of the causes of 
the Black Hawk War. 

The Lewis and Clark Expedition. — The United States 
now authorized several military expeditions into the newly 
acquired area for the purpose of getting more accurate 
information relative to the nature of the country. The 
first and most famous of these was the Lewis and Clark 
Expedition (1804-1806). Making their way up the Mis- 
souri River, Lewis and Clark passed along the western 
border of Iowa. Sergeant Floyd, the only person who died 
on the expedition, was buried on Iowa soil near the present 
site of Sioux City ; and his memory is perpetuated in the 



18 THE GOVERNMENT OF IOWA. 

names of Floyd River and Floyd County and by a monu- 
ment near his grave erected jointly by the government of 
the United States and the government of Iowa. 

The Pike Expedition. — In 1805 Zebulon Montgomery 
Pike led an expedition from St. Louis to the source of the 
Mississippi River for the purpose of selecting suitable sites 
for military posts. He visited the lead mines of Dubuque, 
and there had a personal interview with Julien Dubuque. 
He also met and conversed with Black Hawk on Iowa soil. 
His journal of the expedition contains many references to 
the eastern border of the Iowa country. 

Early Governments. — From 1805 to 181 2 the Iowa 
country formed a part of the Territory of Louisiana. In 
181 2 it was included in the Territory of Missouri. When, 
however, Missouri was admitted into the Union in 182 1, 
the Iowa country was apparently forgotten until 1834, 
when it was " attached to, and made a part of, the Terri- 
tory of Michigan " for the purpose of temporary govern- 
ment. (See Map II.) Since the Iowa country was not 
permanently inhabited by white men before 1830, its 
political history up to that date is scarcely more than a 
record of changes in sovereign and subordinate jurisdictions. 

The Expedition of the United States Dragoons. — In 

1833 Congress created the First United States Dragoons, 
a military organization established to insure a more perfect 
defence of the frontier country. Its marches extended over 
five of the States of the Mississippi Valley, serving not 
only as a body for defence, but also conducting explora- 




Map II. 



Northwest Territory, 1787 
«— — Territory 




Territory of Indiana, 1804-1805 
Michigan, 1834-1836 



EARLY HISTORY AND EXPLORATIONS. 19 

tions, holding councils, and making treaties with the various 
Indian tribes. 

On June 7, 1835, Companies B, H, and I of the Dragoons 
left Fort Des Moines in Lee County, marched 1100 miles 
across the eastern part of Iowa and as far north as Wa- 
basha's village on the Mississippi River in Minnesota, 
and returned by a more westwardly route August 19, 1835, 
without the loss of a single horse or man. Lieutenant 
Albert M. Lea was in command of Company I, and was 
also the official " topographer and chronicler " of the ex- 
pedition. It is in Albert Lea's Notes on the Wisconsin 
Territory that much information of vital interest in the 
early history of Iowa has been preserved. 

The Naming of Iowa. — Marquette and Joliet had dis- 
covered Iowa: it remained for an American citizen to 
christen it. There has been some dispute as to the exact 
meaning of the word " Iowa " ; 1 but there can be no dis- 
pute as to who gave the name to the country west of the 
Mississippi. Albert M. Lea's Notes on the Wisconsin Ter- 
ritory, particularly with Reference to the Iowa District or 
Black Hawk Purchase, published in 1836, was the first 
descriptive account in which the name Iowa was applied 
to the country west of the Mississippi. In this little book 
the author in referring to that part of the Wisconsin Terri- 
tory which lay west of the Mississippi says : " . . . from the 
extent and beauty of 'the Iowa river which runs centrally 
through the District, and gives character to most of it, 
the name of that stream being both euphoneous and ap- 

* " This is the place " or " Beautiful Land " are generally accepted, 



20 THE GOVERNMENT OF IOWA. 

propriate, has been given to the District itself." Thus 
Iowa was first named by Albert M. Lea, who took the 
name from the Iowa River. The name Iowa seemed to 
meet with general favor and was soon universally adopted. 

The Territory of Wisconsin. — It was on the fourth day 
of July, 1836, that the original Territory of Wisconsin, of 
which the Iowa District was a part, was organized under 
an act of Congress. (See Map II.) So rapid was the 
growth of population in the Iowa District that the capital 
of Wisconsin Territory, which had originally been located 
at Belmont on the east side of the Mississippi in 1836, 
was moved to the town of Burlington on the west side of 
the river within a year. 

The Territory of Iowa. — No sooner had the Territory 
of Wisconsin been organized than a movement was started 
to establish a separate territory west of the Mississippi. 
In his Notes on the Wisconsin Territory, Albert M. Lea 
said : " Though this District may be considered, for a 
time, as forming a part of the Wisconsin Territory, yet the 
intelligent reader will have little difficulty in foreseeing that 
a separate government will soon be required for Iowa." 
On June 12, 1838, President Van Buren gave his approval 
to an act to divide the original Territory of Wisconsin and 
to establish the territorial government of Iowa. (See 
Map III.) The political existence of Iowa as a separate 
and distinct government began on the fourth day of July, 
1838. Eight years afterwards, on December 28, 1846, 
Iowa was admitted into the Union with the present State 
boundaries. (See Map IV.) 




Map III. Illustrative of the Bo 

or Wisconsin and the S 

^— — — Territory 

— — — — Territory 




varies of the original territory 
rate Territory of Iowa 
Wisconsin, 1836-1838 
Iowa, 1838-1846 



EARLY HISTORY AND EXPLORATIONS. 21 



QUESTIONS ON THE TEXT. 

i. What nations sought possession of the Mississippi Valley? 

2. Who were the first white men to discover and land in Iowa? 

3. Who explored the upper Mississippi? 

4. How was the French title to the Mississippi Valley gained? 

5. Why did the United States want the mouth of the Mississippi 
River? 

6. Who was Sergeant Floyd, and why is his memory perpetuated in 
Iowa? 

7. Why was the government of the Iowa country prior to 1830 of 
but little importance? 

8. Who deserves the credit of having named Iowa? 

9. From what was the name " Iowa " derived? 

10. When was Iowa established as a separate territory? 



CHAPTER IV. 

THE FOUNDATIONS OF GOVERNMENT IN 
IOWA. 

The Squatter Governments. — History records how the 
Pilgrim fathers, coming without government authority to 
the new world, drew up the famous Mayflower Compact 
to insure among themselves an orderly civil society. The 
pioneers of Iowa, settling upon lands as yet unsurveyed 
and unprovided with local constitutional government, like- 
wise voluntarily entered into agreements to secure peace, 
order, and justice. 

The Miners' Compact. — The neglected and abandoned 
mines of Spain at Dubuque were reopened by miners early 
in the year 1830. And as Congress had made no provision 
for the local government of the Iowa country after the 
admission of Missouri in 182 1, the miners at Dubuque met 
around an old Cottonwood log and organized themselves 
into a body politic by drawing up the following regulations : 

Dubuque Mines, June 17, 1830. 
We, a committee, having been chosen to draft certain rules and 
regulations, by which we, as miners, will be governed ; and, having 
duly considered the subject, do unanimously agree that we will be 
governed by the regulations on the east side of the Mississippi River, 
with the following exceptions, to wit: 

Article I. — That each and every man shall hold two hundred 
yards square of ground by working said ground one day in six. 
% 22 



FOUNDATIONS OF GOVERNMENT IN IOWA. 23 

Article II. — We further agree, that there shall be chosen by the 
majority of the miners present, a person who shall hold this article, 
and who shall grant letters of arbitration, on application being made, 
and that said letter [of] arbitration shall be obligatory on the parties 
concerned so applying. 
To the above, we the undersigned subscribe. 

J. L. Langworthy, Samuel H. Scoles, 

H. F. Lander, E. M. Urn. 

James McPheeters, 

The Squatters and the Law. — Zachary Taylor, in com- 
mand of United States troops at Prairie du Chien, sent 
Jefferson Davis, at this time a young army officer, with a 
detachment of troops to drive the Dubuque miners and 
other settlers back to the east side of the river ; for Con- 
gress had as early as 1785 and again in 1807 declared that 
no settlements should be made on any part of the public 
domain until the Indian title thereto had been extinguished 
and the land surveyed. And again in 1833 the act of 1807 
was revived with special reference to the Iowa country. 
But as Professor Benjamin F. Shambaugh aptly says in his 
History of the Constitutions of Iowa, "..... the pioneers on 
their way to the trans-Mississippi prairies did not pause to 
read the United States Statutes at Large. They outran 
the public surveyors. They ignored the act of 1807. And 
it is doubtful if they ever heard of the act of March 2, 1833. 
Some were bold enough to cross the Mississippi and put 
in crops even before the Indian title had expired; some 
squatted on unsurveyed lands; and others, late comers, 
settled on surveyed territory." 

The Character of the Squatters. — When the Congres- 
sional survey was first begun in Iowa in 1836, there were 



24 THE GOVERNMENT OF IOWA. 

over ten thousand squatter settlers in the country busily 
engaged in building homes and planting and harvesting 
crops. They were little concerned about the fact that 
they were in the eyes of the law trespassers on the public 
domain. They were not a lot of lawless vagabonds, land 
robbers, or fugitives from justice, as they were sometimes 
pictured in the East. Says Albert M. Lea : " Those who 
have been accustomed to associate the name of Squatter 
with the idea of idleness and recklessness, would be quite 
surprised to see the systematic manner in which every- 
thing is here conducted. For intelligence, I boldly assert 
that they are not surpassed, as a body, by an equal num- 
ber of citizens of any country in the world." 

Claim Clubs. — When the government of the United 
States failed to protect them in what they were pleased to 
call their rights, the pioneers organized claim associations 
or land clubs to guarantee to every bona fide settler his 
claim until he was enabled to purchase the same from the 
government. Probably a hundred or more of these claim 
associations or land clubs were formed in early Iowa ; and 
the constitutions and by-laws adopted by the members 
with no authority from the United States were as binding 
upon the early settlers of Iowa as if they had been written 
in the statutes of Congress. A significant entry upon the 
records of the Fort Dodge Claim Club reads : "If any 
member of this Club finds his or any of his friends Clames 
has been Jumpt that they inform this Club of the fact 
and that this Club forthwith put them off of said clame 
without trobling the Sivel Law." 



FOUNDATIONS OF GOVERNMENT IN IOWA. 25 



QUESTIONS ON THE TEXT. 

1. What was the purpose of agreement entered into by the Dubuque 
miners ? 

2. Who were the Squatters? 

3. How did the Squatters protect their claims in Iowa? 



CHAPTER V. 

THE ORGANIC ACT AND CONSTITUTIONS 
OF IOWA. 

The Organic Act of 1838. — The organization of the 
Iowa District into the Territory of Iowa on July 4, 1838, 
by the act of Congress approved on June 12, 1838, was 
accomplished by provisions defining the powers and duties 
of the new territorial government. This act of Congress 
establishing the Territory of Iowa was not a new creation : 
it was simply a product of that most interesting evolu- 
tionary development in territorial government that took 
place throughout the North and West. As in the case of 
other territorial governments created by Congress, the 
Organic Act of the Territory of Iowa was a grant to a 
people whose consent was not asked — in spite of the fact 
that the Fathers of the Republic had declared that govern- 
ments derive their just powers from the consent of the 
governed. 

The Territorial Governor. — The provisions of the 
Organic Act of the Territory of Iowa were liberal and in 
keeping with the evolution of democracy. At the same 
time the Governor — the much hated official in colonial 
times — was made the central figure and chief authority 
in the government. He represented the national govern- 

26 



ORGANIC ACT AND CONSTITUTIONS OF IOWA. 2J 

ment as the royal governors had represented the crown; 
and he had an absolute veto on all acts of the two houses 
of the Legislative Assembly. He also acted as Superin- 
tendent of Indian affairs within the Territory. 

The Territorial Legislature. — The law-making body, 
called the Legislative Assembly, was composed of two 
houses, — a Council and a House of Representatives. The 
Council consisted of thirteen members, elected biennially; 
while the House of Representatives was composed of 
twenty-six members, elected annually. The Territorial 
Assembly was vested with power over " all rightful subjects 
of legislation." This, however, did not give it unlimited 
power, for in addition to the specific limitations contained 
in the Organic Act, Congress still had power to declare null 
and void any of its acts. 

The Territorial Judiciary. — The courts of the Territory 
were created by Congress and consisted of a supreme court, 
district courts, probate courts, and justices of the peace 
courts. The supreme court consisted of a chief justice 
and two associate justices appointed by the President of 
the United States for a period of four years. The Organic 
Act gave the Governor power to appoint, with the advice 
and consent of the Legislative Council, all judicial officers, 
justices of the peace, sheriffs, and all militia officers. 

The First Governor. — Many of the pioneers of Iowa 
had participated in the administration of government in 
the States from which they had come, and as members of 
the Territorial legislature of Iowa they bitterly complained 
of the " arbitrary acts " of the first Territorial Governor, 



28 THE GOVERNMENT OF IOWA. 

Robert Lucas, who did not hesitate to veto measures that 
did not meet with his approval. The independent, liberty- 
loving pioneers of Iowa, drew up a remonstrance and 
petition to the President of the United States for a redress 
of grievances (January 15, 1839), in which they declared 
Robert Lucas " unfit to be the ruler of a free people." 

The Organic Act Amended. — Governor Lucas was not 
removed from office, but the remonstrance was not with- 
out effect. Within three months Congress had passed two 
amendments to the Organic Act of Iowa, limiting the 
Governor's veto and appointing power and thus making 
the territorial government more distinctly a government 
of the people. As thus amended the Organic Act of 1838 
established for the pioneers of Iowa a government which 
served as a sort of training school in public affairs. Nor 
did Congress fail to recognize their ability to administer 
their own local affairs in keeping with the fundamental 
ideals of the Republic; for within a remarkably short 
time Iowa was admitted into the Union on an equal foot- 
ing with the original States. 

The First Steps toward Statehood. — The Territory of 
Iowa was scarcely a year and a half old when the first 
steps looking toward admission into the Union were taken. 
In his message to the Legislative Assembly in November, 
1839, Governor Lucas recommended a memorial to Con- 
gress asking permission to form a Constitution and State 
government; but in this recommendation the Territorial 
Legislature did not concur. The members hesitated to take 
any action which might ultimately throw the burdens of 



ORGANIC ACT AND CONSTITUTIONS OF IOWA. 29 

statehood upon the settlers, most of whom had not yet 
paid for their claims. Indeed, they were content with 
existing conditions and well satisfied to let Congress defray 
the expenses of the territorial government. 

In 1840 Governor Lucas asked that the subject of state- 
hood be submitted to a vote of the people of the Territory. 
This recommendation was followed by the Legislative As- 
sembly and provision was made for ascertaining the wishes 
of the people. At the election in 1840 the people promptly 
voted down the proposition as emphatically as the Terri- 
torial Legislature had done the year before. 

In December, 1841, the new Territorial Governor, John 
Chambers, recommended that the question of statehood be 
again submitted to the people. The Legislative Assembly 
again enacted the necessary legislation. At the election in 
August, 1842, every county in the Territory declared against 
State organization. The matter of additional expense to 
the people which would follow State organization was the 
chief cause of opposition to the proposition. In December, 

1843, tne subject of statehood was again called up by the 
Governor. Early in 1844 provision was made for an ex- 
pression of opinion by the people, who at the April election 
of that year favored by a considerable majority the forma- 
tion of a State government. 

The Constitution of 1844. — The convention called to 
frame a State Constitution met at Iowa City in October, 

1844. It consisted of seventy- two members and continued 
in session twenty-six days. It prescribed what are known 
as the Lucas Boundaries for the proposed State. (See 



30 THE GOVERNMENT OF IOWA. 

Map IV.) Congress, however, in passing the act of admis- 
sion in 1845 prescribed what are known as the Nicollet 
Boundaries. (See Map V.) Thus when the people came 
to vote upon the acceptance of the Constitution of 1844, 
many hesitated to give it their approval, fearing that an 
approval of the Constitution would be construed as an* 
acceptance of the Nicollet Boundaries prescribed by Con- 
gress. Twice in the year 1845 tne Constitution of 1844 
was submitted to the people of Iowa, and twice it was 
rejected by them. The people of Iowa preferred to re- 
main under territorial government rather than give up the 
Missouri River as the western boundary of the proposed 
State. 

The Constitution of 1846. — When they met on the 
first Monday in December, 1845, the- members of the Ter- 
ritorial Legislature found themselves confronted with the 
old subject of statehood — a problem which had been 
before the people and the Legislative Assembly for the past 
six years. The Legislative Assembly now made provision 
for another Constitutional Convention, which met at Iowa 
City in May, 1846. The new Convention consisted of 
thirty-two delegates who completed their work of drafting 
a Constitution in just fifteen days. The Constitution of 
1846, although closely resembling the Constitution of 1844, 
was shorter and more carefully drawn. In order to avoid 
another dispute over boundaries the Committee on Terri- 
tories in the United States House of Representatives sug- 
gested as a compromise the present State boundaries. 
(See Maps IV and V.) These boundaries were accepted 



ORGANIC ACT AND CONSTITUTIONS OF IOWA. 31 

by the Convention at Iowa City. The Constitution of 
1846 with the compromise boundaries was submitted to the 
voters of Iowa on August 3, 1846, and was adopted by the 
small majority of 456 out of 18,528 votes. 

Admission to the Union. — Congress and the people of 
Iowa had now agreed upon the boundaries of the proposed 
State. The people had ratified the Constitution as sub- 
mitted by the Convention of 1846. And so in October, 
1846, the first State officers were elected, and State govern- 
ment was inaugurated in the first week of December. 
The formal admission of Iowa into the Union was not 
effected, however, until December 28, 1846, when President 
Polk attached his signature to a bill providing for the 
admission of Iowa " into the Union on an equal footing 
with the original States in all respects whatsoever." 

The Revision of the Constitution of 1846. — The Con- 
stitution of 1846 was not adopted altogether on its merits : 
the people were anxious to get into the Union and they 
saw in the prompt adoption of the proposed Constitution 
the easiest means of accomplishing that end. The undesir- 
able provisions of the Constitution could be changed after 
admission ; while Congress might not again feel as readily 
disposed to grant admission. 

Scarcely had the Constitution of 1846 been ratified by 
the people and Iowa admitted into the Union before active 
steps were taken looking toward the future revision of the 
fundamental law. As long, however, as the Democrats 
controlled the General Assembly, they refused to allow the 
subject of revision to be submitted to the people. When 



32 THE GOVERNMENT OF IOWA. 

Governor James W. Grimes was elected in 1854 the Whig 
party gained control of the General Assembly, and it 
quickly passed an act providing for the taking of " a vote 
of the people for or against a convention to revise or amend 
the Constitution." 

The Third Constitutional Convention. — In the ten years 
following the adoption of the Constitution of 1846 the 
population of Iowa had grown from 102,388 in 1846 to 
517,875 in 1856. The majority of 18,628 votes in favor 
of a convention to revise and amend the Constitution was 
now larger than the total number of votes cast for the 
Constitution of 1846. 

The third Constitutional Convention which assembled 
at Iowa City in January, 1857, consisted of thirty-six dele- 
gates. After a session of thirty-nine days, it adjourned 
on March 5, 1857. The Constitution which it drafted was 
a revision of the instrument of 1846 ; but it was fuller, 
more complete, and better adapted to the conditions of the 
rapidly growing Commonwealth. The Whigs had always 
maintained that the Constitution of 1846 was a code of 
" Democratic partizan dogmas." The Constitution of 
1857 repealed many of these so-called Democratic dogmas ; 
and so the Democrats in turn referred to the new Constitu- 
tion as the " Republican Code." 

A majority of 1630 votes was cast for the new Con- 
stitution; and on September 3, 1857, it was declared by 
the Governor to be " the supreme law of the State of 
Iowa." This Constitution has remained the fundamental 
law of the State for over half a century. It has been 



ORGANIC ACT AND CONSTITUTIONS OF IOWA. 3$ 

amended from time to time, but the body of the Constitu- 
tion remains as adopted in 1857. 

The Important Parts of a Constitution. — America has 
always been the home of constitutional government; and 
so we should not expect to find the Constitution of Iowa 
differing widely in fundamental principles from the con- 
stitutions of the thirteen original States or, indeed, of the 
fifteen Commonwealths which preceded Iowa in admission 
to the Union. 

Professor John W. Burgess says that a complete con- 
stitution of government consists of three fundamental 
parts: (1) the constitution of liberty or bill of rights, 
which sets forth the immunities and positive rights enjoyed 
by the citizens; (2) the constitution of government, that 
is, the body of the constitution which defines the great 
departments of government and limits their respective 
spheres ; (3) the amending clause, which provides for 
future changes in the constitution. The Constitution of 
Iowa makes adequate provision for these three parts, 
which will be considered in detail in the chapters that 
follow. 

The Preamble. — A preamble is not a necessary part of 
a constitution. It frequently serves as an introduction, 
stating the reasons for the adoption of the constitution 
and specifying the authority from which it emanates. The 
preamble of the Iowa Constitution of 1857 specifies the 
people as the sovereign authority ; acknowledges dependence 
upon the Supreme Being; gives the name Iowa to the 
State ; and defines its boundaries. 



34 THE GOVERNMENT OF IOWA. 



QUESTIONS ON THE TEXT. 

i. What was the Organic Act of the Territory of Iowa? 

2. What was the position of the Territorial Governor? 

3. What was the composition of the Territorial Legislature? 

4. How were the Judges of the Territorial courts chosen? 

5. Why did Robert Lucas, the first Governor, get into trouble with 
the Legislative Assembly ? 

6. Why were the first steps toward statehood rejected in Iowa? 

7. Why did the people of Iowa refuse to come into the Union in 1845 ? 

8. When was Iowa admitted into the Union? 

9. Why did the Democrats reject all propositions to amend the Con- 
stitution of 1846? 



CHAPTER VI. 

OUR CIVIL RIGHTS. 

The Rights of Man. — The rights or liberties of man 
were obtained only after long years of struggle against the 
arbitrary government of kings and monarchs who insisted 
that they and not the people were the source of power and 
authority in the State. When King John agreed to abide 
by the provisions of Magna Charta in 12 15 and when 
William and Mary signed the famous Bill of Rights in 1689, 
government by the people won lasting victories ; for when 
acknowledged limitations had once been placed upon the 
power of the king, self-government was possible and the 
rights of man secure. 

Political Inheritances. — Our American forefathers 
cherished the rights which Englishmen had secured, and 
in the Declaration of Independence and Constitution of 
the United States they reasserted these fundamental rights 
of man. Most of the constitutions of the thirteen original 
States contained long bills of rights; and although there 
has not been the same necessity to provide for the protec- 
tion of the people against arbitrary power, nevertheless the 
new States as they were admitted into the Union prefaced 
their constitutions with all of the old time fundamental 
guarantee of rights and frequently added new ones to fit 
local circumstances and changed conditions. 

35 



36 THE GOVERNMENT OF IOWA. 

The Iowa Bill of Rights. — It is, therefore, not surprising 
to find among the twenty-five sections of the Iowa Bill of 
Rights much that is familiar and little that is new. A 
brief reference to the provisions of these sections will 
suffice. 

Rights of Persons. — " All men are, by nature, free and 
equal " ; and the people have the right of " defending life 
and liberty, acquiring, possessing, and protecting property, 
and pursuing and obtaining safety and happiness." 

Right of Revolution. — The doctrine of the Revolution, 
that political power belongs to the people and that they 
have a right to alter or reform government whenever the 
public good demands it, is also asserted. Thus the pro- 
tection and security of the people rests with the people 
themselves. 

Religious Freedom. — Complete religious freedom in all 
respects whatsoever is guaranteed more fully than was 
dreamed of in 1776. The people of Iowa are free to wor- 
ship as they please. But no one may indulge in immoral 
practices under the cloak of religious freedom. 

Duelling. — The absurd practice, still witnessed in 
Europe, of fighting duels to settle differences instead of 
appealing to the courts is discountenanced in Iowa by a 
provision of the Constitution which disqualifies any one who 
participates in a duel from holding any office in the State. 

Uniform Laws. — All general laws must be uniform in 
operation, and no special grants or privileges may be 
made to any citizen or group of citizens. 



OUR CIVIL RIGHTS. 37 

Liberty of Speech and of the Press. — Freedom of speech 
and a free press are guaranteed; but every individual is 
held responsible for the abuse of this right. One cannot 
slander or libel his neighbors without being liable to be 
called to account in the courts and punished. 

Personal Security. — General search warrants being 
expressly prohibited, the citizen is secured against un- 
reasonable and annoying seizures and searches by the 
governmental authorities. 

Trial by Jury and Due Process of Law. — The right of 
" trial by jury " is guaranteed. But the General Assem- 
bly is authorized to provide for trials by a less number of 
jurors than twelve in inferior courts. This provision has 
been of great practical importance in facilitating the trial 
of petty cases before justices of the peace. By " due 
process of law " is meant the strict observance of all of 
those rules and forms which have come to be recognized 
by law or custom in the trial of accused persons. " No 
person shall be deprived of life, liberty, or property, with- 
out due process of law." 

Rights of Accused Persons. — In the convention which 
drafted the Constitution a lively contest was precipitated 
over the provision relating to the rights of accused per- 
sons. It guarantees a speedy and public trial by an im- 
partial jury " in all criminal prosecutions, and in cases 
involving the life or liberty of an individual." The last 
clause of the provision was thought by the pro-slavery 
element in the convention to contain a hidden purpose of 
defeating the Fugitive Slave Law. 



38 THE GOVERNMENT OF IOWA. 

Trial in Justice Court. — Summary trial before a justice 
of the peace for minor offences without indictment by a 
grand jury is authorized, but in such cases the right of 
appeal to the District Court is preserved. 

Twice Tried. Bail. — No person may be tried a second 
time for the same offence. All but capital offences are 
bailable, by which is meant that an accused person need 
not remain in jail until tried, but by giving the necessary 
security for his appearance in court at the proper time he 
may have his liberty. 

Habeas Corpus. — The ancient right to the writ of 
habeas corpus is guaranteed. A writ of habeas corpus is 
an order from a judge requiring the person who is accused 
of unlawfully depriving another of his liberty to bring 
such person into open court in order that the question of 
unlawful detention may be passed upon by a judicial 
tribunal. Through this writ arbitrary arrests and im- 
prisonments are prevented. 

Military. — The military, which has often been the arm 
of despotism, is completely subordinated to the civil au- 
thority and is, indeed, dependent upon it for support by 
appropriations, which may not be voted for more than 
two years at a time. 

Quartering Soldiers. — The quartering of soldiers in 
time of peace in any house without the consent of the 
owner is prohibited. 

Treason. — The definition of treason, says Professor 
Burgess, is one of the greatest safeguards of liberty, for 



OUR CIVIL RIGHTS. 39 

the governing party must not be allowed to treat peace- 
able opposition to its policies as disloyalty to the country 
or as treason against the State. Therefore, it is provided 
in the Constitution of Iowa that treason shall consist only 
in levying war against the State, adhering to its enemies, 
or giving to such enemies aid and comfort. It is for the 
courts to determine whether in any particular case treason 
has been committed. 

Bail. Fines. Punishment. — " Excessive bail shall not 
be required ; excessive fines shall not be imposed, and 
cruel and unusual punishment shall not be inflicted." 
These provisions guarantee the accused fair and humane 
treatment. They do not, however, prohibit the death 
penalty for crime. In some States the courts have been 
called upon to determine whether electrocution could be 
lawfully practiced and they have held that such form of 
punishment is not prohibited. 

Eminent Domain. — Section eighteen not only prohibits 
the taking of private property for public use without just 
compensation, but still further fortifies private property 
rights against condemnation by prohibiting the taking 
into account of any advantages that may result to the 
owner on account of the improvement for which it is taken. 

Moreover, this same section of the Bill of Rights has 
been the subject of the most recent amendment of the 
Constitution. In November, 1908, the voters of Iowa 
adopted a long paragraph authorizing the General Assem- 
bly to " pass laws permitting the owners of lands to con- 
struct drains, ditches, and levees for agricultural, sanitary, 



40 THE GOVERNMENT OF IOWA. 

or mining purposes across the lands of others, and provide 
for the organization of drainage districts," etc. Such 
legislation was especially desired in the northern and 
northwestern parts of the State, where great tracts of 
swamp or marsh lands are now being reclaimed for agricul- 
ture and grazing purposes. 

Imprisonment for Debt. — No one may be imprisoned 
for debt in Iowa. This is a barbarous and useless punish- 
ment which was generally abolished during the nineteenth 
century. 

The Right of Assembly and Petition. — The right of the 
people to assemble and their right to petition the govern- 
ment for a redress of grievances are fully guaranteed in 
Iowa. These guarantees, however, do not apply in dis- 
tricts where martial law has been declared to be in force. 
Thus, during the button workers' strike in Muscatine in 
the spring of 191 1, when it was necessary to call upon the 
military department to maintain peace and order, the 
town was placed under martial law and the people were not 
allowed to assemble even for the purpose of prayer. 

Attainder. Ex post facto Laws. Contracts. — The Fed- 
eral Constitution declares that, " No state shall . . . pass 
any bill of attainder, ex post facto law, or law impairing 
the obligation of contracts." Evidently to make doubly 
sure of these prohibitions in Iowa, such legislation is like- 
wise prohibited by the Bill of Rights of the State Con- 
stitution. 

Resident Aliens. — Emigration of foreigners to the 
State is encouraged by guaranteeing to them " the same 



OUR CIVIL RIGHTS. 41 

rights in respect to the possession, enjoyment and descent 
property, as native-born citizens." 

Slavery. — The wise provision of the Northwest Ordi- 
nance of 1787 prohibiting slavery and involuntary servi- 
tude except as a punishment for crime was included in the 
Bill of Rights of the Constitution of 1844, the Constitution 
of 1846, and again in the Constitution of 1857 ; and so 
Iowa is entitled to the claim of being " the first free 
State in the Louisiana Purchase." 

Reservation of Rents. — The provisions of section twenty- 
four are not found in the Constitution of 1846. They pro- 
hibit leases or grants of agricultural lands reserving rent 
for a longer period than twenty years. " This section," 
says Judge Emlin McClain, " seems to have been bor- 
rowed from New York, where the determination of the 
rights of tenants under long leases had become a subject of 
controversy ; but there has never been any system of land 
tenure in this State to which the provision has been found 
applicable." 

Rights Retained. — The last section of the Bill of Rights 
is in substance a repetition of the familiar expression of the 
political philosophy of the Revolution that " this enumera- 
tion of rights shall not be construed to impair or deny 
others, retained by the people." 

Intoxicating Liquors. — In 1882 the people of Iowa voted 
to add a section to the Bill of Rights prohibiting the manu- 
facture and sale of intoxicating liquors. In the following 
year, however, the supreme court of the State declared 



42 THE GOVERNMENT OF IOWA. 

that the amendment had not been properly adopted and 
was, therefore, no part of the Constitution. 

The Sources of Our Rights. — It is a fact that the rights 
and liberties enumerated in the Constitution of Iowa are 
for the most part inheritances ; they are not of local origin. 
They were originally in many instances unwilling conces- 
sions of English kings. What our ancestors found and 
died for are to-day our most cherished political inheritances. 

QUESTIONS ON THE TEXT. 

i. What are the important parts of a constitution? 

2. What purpose does the preamble of a constitution serve? 

3. What are our political inheritances? 

4. What may be said of the Iowa Bill of Rights? 

5. Make a list of the ten rights you deem most important. 

6. Why is it well that treason is carefully defined in the Constitution ? 

7. From what sources are our civil rights derived ? 



CHAPTER VII. 
SUFFRAGE, ELECTIONS, PARTY MACHINERY. 

The Right to Vote. — In order to be a leader one must 
have a following. In order to have representative govern- 
ment the people must have the right to choose persons to 
represent them. The right of choice we call the suffrage 
or the right of voting ; and the mode and time of exercising 
this privilege we call the election. 

We commonly speak of the right to vote. Yet voting is 
a privilege and not a right in the sense in which the guaran- 
tees and immunities listed in the Bill of Rights are con- 
sidered. Many people believe that suffrage and citizen- 
ship are the same, that is, they seem to think that only 
those who vote are citizens. No greater mistake could be 
made; for citizenship is recognized membership in a po- 
litical community and applies to all persons — men, women, 
and children — whose rights as citizens are equal. The 
constitution of a State provides what citizens or classes of 
citizens shall enjoy the privilege of voting, of holding 
office, and of participating in other political privileges. 

Citizenship and Suffrage. — The Constitution of the 
United States defines citizenship by declaring that, " All 
persons born or naturalized in the United States, and sub- 
ject to the jurisdiction thereof, are citizens of the United 
States, and of the state wherein they reside." The 

43 



44 THE GOVERNMENT OF IOWA. 

States, therefore, cannot exclude from State citizenship 
any one who has been born or naturalized in the United 
States. But the States may make reasonable provisions 
relative to the residence in order to insure loyalty and 
attachment to the State government. Moreover, the 
States have the exclusive right to determine who is en- 
titled to enjoy the privilege of voting within their borders. 
Some States permit women to vote; some allow un- 
naturalized foreigners to vote ; and some refuse the ballot 
to persons who cannot read and write. 

Voters in Iowa. — In Iowa the right to vote is extended 
only to male citizens of the United States who are twenty- 
one years of age and who have resided within the State for 
six months and in the County sixty days preceding the 
election. There are, however, certain disqualifications. 
No idiot, or insane person, or person convicted of any in- 
famous crime, shall exercise the privilege of voting ; nor 
can any person in the military, naval, or marine service 
of the United States, who happens to be stationed in the 
State, claim State citizenship and the right to vote. 

For many years efforts have been made in the General 
Assembly to secure action leading to the extension of the 
suffrage to women, but thus far without success. Women, 
however, are permitted to vote upon the issuance of bonds 
for school purposes and for local improvements. 

Elections. — To provide who shall be entitled to the 
suffrage is only one of the regulations as to voting. Pro- 
visions relative to how, when, and where the voting shall 
take place are of equal importance. An amendment to the 



SUFFRAGE, ELECTIONS, PARTY MACHINERY. 45 

Constitution of Iowa adopted in 1884 provides that the 
general election should be held on the Tuesday next after 
the first Monday in November. Formerly elections oc- 
curred every year; and the State, County, and township 
officers having been divided into two groups, one-half were 
elected in the odd numbered years and the other half in 
the even numbered years. In 1904 the voters of Iowa 
adopted the so-called biennial election amendment, which 
provides for the holding of all elections in November of 
the even numbered years, when all State, County, and 
township officers are elected at the same time. 

Voting a Duty. — While voting is a privilege, it should 
also be held a sacred duty by those who enjoy it ; for the 
fate of the government rests in the hands of the people, 
and if they neglect to vote for good men and good measures, 
they will soon find selfish men promoting only selfish inter- 
ests in control of public affairs. The census of Iowa for 
1905 lists 636,208 males of voting age in the State — not 
taking into consideration, however, qualifications as to 
residence and naturalization. At the presidential election 
of 1908 the total number of votes cast in the State was 
495,145. Some of the 141,063 stay-at-homes can be ac- 
counted for ; but even after making liberal deductions for 
the insane, the idiotic, prisoners, sickness, old age, and the 
like, it is apparent that there are still entirely too many 
upon whom the duty of casting a ballot rests too lightly. 

Methods of expressing the Popular Will. — The Con- 
stitution of the State has wisely left the Legislature to 
enact the details as to how the will of the people shall be 



46 THE GOVERNMENT OF IOWA. 

expressed. Accordingly, provision has been made by law 
for the registration of voters, for the creation of election 
precincts, for the selection of election officers, for the form 
and printing of ballots, how ballots should be received, 
marked, returned, deposited, counted, and the like. 

The earlier method of voting was viva voce, each voter 
orally announcing his choice. This was too public, and 
the demand for a secret ballot led to the adoption of written 
ballots, each party printing its own tickets. Finally, in 
1892 there was adopted in Iowa the Australian ballot 
system by which all candidates appear on one ballot that 
is prepared and distributed by the State. The voter enters 
a closed booth and unobserved by any one makes his choice, 
marks his ballot, and returns it folded to the judges of 
election who deposit it in the ballot-box. Moreover, the 
Australian ballot system has been adapted to voting ma- 
chines which are now in use in certain localities of the 
State. Machine voting is the quickest, most accurate, and 
most economical system of taking the will of the people. 

Registration. — Registration becomes necessary where 
the number of voters is so numerous that all are not per- 
sonally known to election officials. In Iowa voters are 
required to register prior to the general election in cities 
of 3500 population or over, and the voter must under oath 
answer questions put to him to test his right to vote in 
the ward or precinct. 

Privileges of Electors. — Voters are also called electors, 
and the right of the qualified voter to cast his ballot is 
assured by making him exempt from arrest, except for 



SUFFRAGE, ELECTIONS, PARTY MACHINERY. 47 

treason, felony, or breach of the peace, while going to and 
from the polls. He is likewise exempt from military duty 
on election day, except in time of war or great public 
danger. During the Civil War the Iowa soldiers were not 
deprived of their ballots, for on September 11, 1862, the 
General Assembly of Iowa passed an act which provided 
for " a poll . . . whether within or without the State, 
where a Regiment, Batallion, Battery or Company of 
Iowa soldiers may be found or stationed " ; and the votes 
were counted as if they had been cast in the State. 

Political Parties and Party Machinery. — How are the 

people to know who is best fitted for public office? As a 
matter of fact they do not always know. Indeed, few 
voters could make a list of the persons they voted for 
twenty-four hours after a general election. Intelligent 
men will vote for long lists of candidates of whom they 
know little or nothing, simply because they represent a 
certain group which is seeking to get control or retain 
control of the government. These groups are called po- 
litical parties. They represent differences of opinion in 
the minds of men as to governmental policies. They hold 
conventions, draw up platforms, nominate candidates for 
office, and conduct campaigns in the hope that the policies 
they advocate and the men they nominate will be indorsed 
at the polls by a majority of the voters. 

Early Political Machinery. — In the early history of Iowa 
men announced themselves through the newspapers as 
candidates for office, often declaring their views on im- 
portant political questions at the same time. Later came 



48 THE GOVERNMEiNT OF IOWA. 

the caucus and the convention, by which the smaller 
political subdivisions nominated candidates within their 
own boundaries and selected delegations to represent them 
in the next higher division. Thus a township caucus 
nominated township officers and appointed delegates to 
the county convention; the county convention nominated 
county officers and appointed delegates to the State con- 
vention; and the State convention nominated State 
officers and chose delegates to the national convention. 
Indifference on the part of many, manipulation of caucuses 
and conventions by self-appointed bosses, and selfish men 
promoting selfish interests led in time to general dissatis- 
faction with the nominating system, not only in Iowa, but 
throughout the United States. There was a demand for a 
system strictly regulated by law, according to which each 
voter could express his choice of party candidates with 
the same degree of secrecy as at the general elections. 

The Primary Election. — After several unsuccessful 
attempts in the Legislature the present primary election 
law was adopted in 1907. By the provisions of this law 
any person desiring to become a candidate for office first 
obtains a nomination paper blank, either from the Secre- 
tary of State or from the County Auditor, according to the 
office he seeks. This nomination blank must then be 
signed by one per cent of the voters of his party in at least 
ten counties of the State, or not less than one-half of one 
per cent of the total vote of his party as shown by the last 
general election if the office sought is a State office, United 
States Senator, or Elector at Large. The nomination 



SUFFRAGE, ELECTIONS, PARTY MACHINERY. 49 

blanks for county offices must be signed by at least two 
per cent of the party vote in the county. Candidates for 
all other offices (except township offices) must file blanks 
bearing the signature of at least two per cent of their party 
voters in half of the counties represented, or one per cent 
of the total party vote in the district. Thus if A desires 
to be a candidate for the office of Sheriff and he rinds that 
his party cast 2000 votes at the last election, his nomina- 
tion paper must bear the bona fide signatures of forty 
voters who are also members of his party. Having obtained 
the necessary number of signatures, a candidate for County 
office must thirty days prior to the primary election — 
and all other candidates (except for township offices) must 
forty days prior to the primary election — file in the 
office of the County Auditor or Secretary of State, as the 
case may be, his nomination papers in order to get his 
name printed on the primary election ballot. 

Time and Manner of Voting. — The primary election is 
held on the first Monday in June in even numbered years. 
At this time each qualified voter, when he presents him- 
self at the polls, declares his party affiliation and receives 
the ballot of his party and indicates his choice according 
to the Australian ballot system. If there are only two 
candidates seeking nomination for the same office, then 
one is sure to have a majority, or else there will be a tie. 
Tie votes are determined by lot by the Board of Canvassers. 
In case there are three or more candidates for nomination, 
no one is considered as entitled to the nomination of his 
party unless he has received thirty-five per cent of his 



50 THE GOVERNMENT OF IOWA. 

party vote (except candidates for the United States Senate 
and township officers). In case no one receives thirty-five 
per cent of his party vote, then the convention called in 
compliance with the primary election law is authorized to 
make the nomination. It sometimes happens that the 
one having the highest number of votes at the primary is 
not the choice of the convention. 

Political Parties Legalized. — Political parties being thus 
recognized by law in Iowa, our government is party gov- 
ernment. The qualified voters are given the widest free- 
dom in the choice of party candidates for nomination and 
also in choosing among the candidates named by the dif- 
ferent parties. Thus, a Republican who chooses among a 
number of Republican candidates for nomination may freely 
vote for the Democratic candidate at the final election. 

Party government may become corrupt ; but the voters 
are absolutely free to rebel and withdraw from their party 
if they cannot reform it. They may join other parties, or 
organize a new party which they believe better represents 
the public welfare. 

QUESTIONS ON THE TEXT. 

i. Do all citizens vote? 

2. Are all voters citizens? 

3. Who are qualified to vote in Iowa? 

4. To what classes of persons is the ballot denied? 

5. When are general elections held? 

6. Why is it the duty of every qualified citizen to vote? 

7. What is the Australian ballot system? 

8. What is a political party ? 

9. What is a primary election ? How does it work ? 
10. How may the voter rebuke his party if it is corrupt? 



CHAPTER VIII. 

THE LEGISLATIVE DEPARTMENT. 

The Three Departments of Government. — All modern 
constitutions recognize the principle of the separation of 
the powers of government; and the threefold classification 
of legislative, executive, and judicial is universally adopted. 
The Iowa Constitution provides for this separation of 
powers and demands that those exercising the powers 
properly belonging to one department shall not exercise 
any powers belonging to either of the others, except as 
expressly permitted. Thus, the people are guaranteed that 
the Legislature will confine its activities to the making of 
laws; that the Governor and other executive officials will 
execute, not make the laws, and that the Judges will confine 
themselves to interpreting the law and applying it to par- 
ticular cases. 

The General Assembly. — The law-making department 
of the State of Iowa is called the General Assembly, which 
consists of two houses — a Senate, or upper house, and a 
House of Representatives, or lower house. In the making 
of laws the two houses are coordinate and equal. 

Sessions of the General Assembly. — The sessions of the 
General Assembly are biennial, that is, regular meetings 
are held every two years, beginning on the second Monday 

51 



52 THE GOVERNMENT OF IOWA. 

in January in the odd numbered years. Extra sessions 
may be held at other times at the call of the Governor. 
The sessions of the General Assembly are held at the State 
House in Des Moines, unless on account of pestilence or 
public danger the Governor should convene it at some 
other place. The proceedings of the two houses of the 
General Assembly are usually public, though the doors 
may be closed whenever in the opinion of the houses the 
subject under discussion requires secrecy. 

Adjournment. — There is no time set by law for the 
adjournment of the General Assembly; but it usually 
adjourns by the middle of April, which makes the legisla- 
tive period about ninety days. Each house sits upon its 
own adjournment ; but neither can without the consent of 
the other adjourn for more than three days or to any other 
place. However, in case the two houses cannot agree upon 
the time of adjournment, the Governor may adjourn the 
General Assembly to such time as he may think proper, 
but not beyond the date fixed for its next regular meeting. 

The Scope of Legislative Power. — The Federal Con- 
stitution left to the States power to legislate on all subjects 
not granted to Congress or specially denied to them. 
Moreover, the earlier State constitutions placed almost no 
restrictions upon the power of the legislatures which they 
created. Experience, however, has shown that the repre- 
sentatives of the people cannot always be trusted with un- 
limited authority. Many State legislatures have been 
corrupt and extravagant, and have betrayed the people's 
interests. The General Assembly of Iowa has, however, a 



THE LEGISLATIVE DEPARTMENT. 53 

very clean record. Nevertheless, the framers of the Con- 
stitution of Iowa thought it wise to place certain restrictions 
upon the power of the General Assembly. Many of these 
restrictions are imposed as much to protect the Legislature 
from annoyance as to protect the people. 

Local and Special Laws. — The General Assembly may 
not pass local or special laws for the assessment and collection 
of taxes for State, County, or road purposes ; or for laying 
out, opening, and working roads or highways ; or for chang- 
ing the names of persons ; or for the incorporation of cities 
and towns ; or for locating roads, town plats, streets, alleys, 
or public squares; or for locating or changing County 
seats. The General Assembly may legislate upon these sub- 
jects, but its laws must be general and of uniform operation 
throughout the State, thus avoiding the demand for special 
favors. 

Areas and Boundaries of Counties. — The boundary 
lines of counties cannot be changed by the General As- 
sembly without the approval of the people in the County 
affected. In addition the General Assembly is prohibited 
from organizing any new counties with less than 432 square 
miles or reducing any organized county below that area — 
the northern tier of counties west of Worth being excepted. 

Divorces. Lotteries. — The General Assembly is pro- 
hibited from granting divorces ; nor may it authorize lot- 
teries, or the sale of lottery tickets. 

Districts. — In arranging Congressional, Senatorial, or 
Representative districts no County may be divided ; and 



54 THE GOVERNMENT OF IOWA. 

if such district is composed of two or more counties such 
counties must be contiguous. 

Debts. — The General Assembly cannot authorize any 
County, town, or city to incur debts beyond five per 
cent of the value of its taxable property — a provision which 
has kept the cities of the State from making public im- 
provements beyond their means and allowing future gen- 
erations to pay the bills. 

Credit. — The General Assembly cannot give or loan the 
credit of the State or assume the debts of any one, except 
in time of war and then only for the benefit of the State. 
Nor can the General Assembly contract debts in excess of 
$250,000, except in cases of invasion, insurrection, or the 
defence of the State in time of war. 

Appropriations. — No money can be drawn from the 
treasury of the State without an act appropriating the 
same having first been passed. 

Extra Compensation. — Nor can the General Assembly 
without a two-thirds vote of the members of each house pay 
any extra compensation after a service has been rendered, 
or pay any claim which has not been previously provided for 
by law, or appropriate any public money or property for 
local or private purposes. 

Corporations. — The Legislature can create no corpora- 
tions by special act, or become a stockholder in any, or per- 
mit any political or municipal corporation to become a 
stockholder in any banking corporation, directly or indi- 
rectly. 



THE LEGISLATIVE DEPARTMENT. 55 

Other Prohibitions. — In addition to these prohibitions 
the General Assembly is bound by the prohibitions contained 
in the Bill of Rights to which reference has already been 
made. 

The Census. — The Constitution especially directs that 
the General Assembly shall cause an enumeration to be made 
every ten years of all the inhabitants of the State. 

Introduction and Passage of Bills. — The two houses 
of the General Assembly, as already noted, are equal in 
power. Bills may, therefore, originate in either house, and 
may be amended, altered, or rejected by the other. Private 
citizens may draw up bills proposing legislation, but their 
introduction is exclusively a privilege of the members of 
the Assembly. Any member may refuse to introduce such 
bills. He may introduce them " by request," or he may 
assume the responsibility for them. In order to pass the 
General Assembly, a bill must receive the affirmative votes 
of a majority of all the members elected to each house (not 
merely a majority of those present or of those voting), and 
the vote of the members is made a matter of record on the 
journals. A bill must pass both houses in identically the 
same form. Thus, if amendments are made in one house 
to a bill passed by the other, it must go back to the house 
in which it originated, where it must be again passed as 
amended. When neither house is disposed to accept the 
amendments of the other, a conference committee, com- 
posed of members of both houses, usually agrees upon certain 
compromises which are generally accepted by both houses. 
A bill having passed both houses in identically the same 



56 THE GOVERNMENT OF IOWA. 

form must be signed by the presiding officer of each house, 
before being presented to the Governor. Every law 
passed by the General Assembly must have the following 
as its enacting clause : " Be it enacted by the General As- 
sembly of the State of Iowa." No act may deal with more 
than one subject, which subject must be expressed in the 
title. 

The Approval and Veto of the Governor. — Every bill 
which has passed the General Assembly in the manner just 
described is presented to the Governor for his approval. If 
he approves it, he signs and dates it. If he does not ap- 
prove the bill, he returns it with his objections to the house 
in which it originated. There it is reconsidered, and if it 
receives a majority of two-thirds of the members of each 
house, it becomes a law in spite of the Governor's disap- 
proval. In such cases the presiding officer of each house 
signs the bill and certifies to the same, whereupon it becomes 
a law without the Governor's approval. If, however, the 
Governor fails to return a bill, either with or* without his 
approval, within three days after it is presented to him 
(Sundays excepted) it becomes a law just as if he had signed 
it, and the Secretary of State authenticates it and declares 
it to have become a law. Should the General Assembly 
adjourn before the three days given the Governor to sign a 
bill expire, he is then given thirty days in which to approve 
or disapprove of the bill and to deposit it with the Secretary 
of State. If he files with the Secretary of State a bill within 
the prescribed time without approval or disapproval, the bill 
does not become a law. 



THE LEGISLATIVE DEPARTMENT. 57 

Rules of Procedure. — The Constitution vests each house 
with authority to choose its own officers and judge of the 
qualifications, election, and return of its own members, and 
also to determine its own rules of procedure. The General 
Assembly has provided by law the procedure of organization 
in each house. Custom has also dictated much of the 
procedure. For instance the House of Representatives is 
usually called to order by the senior member from Polk 
County, while the Lieutenant Governor whose term of 
office does not expire until his successor has been elected 
and qualified calls the Senate to order, and presides until 
the ballots for Lieutenant Governor have been counted. 

At ten o'clock a.m. of the day of meeting, the two houses 
are called to order. In the Senate the members proceed to 
elect a temporary secretary; while in the House a tem- 
porary clerk is chosen. These temporary officers receive 
the certificates of election of the members. Then a com- 
mittee of five in each house is chosen to examine and report 
upon the credentials of all the members. The reports of 
these committees determine who in each house are the bona 
fide members. These members, after taking an oath to 
support the Constitution of the United States and the Con- 
stitution of the State of Iowa and to faithfully discharge the 
duties of Senator or Representative, as the case may be, 
to the best of their ability, elect permanent officers and pro- 
ceed to business. The first official act of each house after 
organization is effected is usually to notify the other house 
and the Governor that it is organized and ready to proceed 
to business or to hear any message that the Governor may 
wish to send. 






58 THE GOVERNMENT OF IOWA. 

Journal of Proceedings. — The Constitution directs that 
each house shall keep a journal of its proceedings and publish 
the same, and that whenever persons are elected to office 
by the General Assembly the members thereof must vote 
orally (viva voce) and the votes must be entered on the 
journal. Thus, the action of every member of the Assembly 
is made a matter of public record. During the long dead- 
lock in the election of a successor to the late Senator Dolli- 
ver, the journals daily contained the monotonous roll of 
votes for the several candidates. 

Publication of the Laws . — It is a common saying and a well- 
known legal principle that ignorance of the law excuses no 
one. The people must, however, be given a reasonable 
opportunity to know what the law is. The General As- 
sembly has accordingly directed the Secretary of State to 
publish within fifty days after adjournment all laws, reso- 
lutions, and memorials passed, and a liberal distribution 
of the same is also provided for. All laws of a public 
nature passed at a regular session take effect upon the 
fourth day of July next after their passage. Laws passed 
at special sessions take effect ninety days after the ad- 
journment. But acts deemed of immediate importance 
take effect upon publication in such newspapers as the 
Assembly may designate. 

Public Money. — The Constitution further directs that 
an accurate statement of receipts and expenditures of 
the public money shall be published along with the laws of 
each regular session, so that the taxpayer may know for 
what purpose money has been collected and spent. 



THE LEGISLATIVE DEPARTMENT. 59 



QUESTIONS ON THE TEXT. 

1. What are the three great departments of government? 

2. What are the functions of each department? 

3. What is the General Assembly of Iowa? 

4. When does the General Assembly convene ? 

5. When may the Governor adjourn the General Assembly? 

6. Why are limitations placed upon the power of the General Assem- 
bly? 

7. Name three things that the General Assembly must do. 

8. Name three things that the General Assembly cannot do. 

9. How many votes are required to pass a bill in the General As- 
sembly ? 

10. What is the Governor's part in legislation? 

11. What is the purpose of requiring each house to keep a journal 
of its proceedings ? 

12. Why should the laws be published? 



CHAPTER IX. 

THE HOUSE OF REPRESENTATIVES, OR 
LOWER HOUSE. 

The Bicameral System. — Historically the lower house 
of the legislature represented the people, while the upper 
house represented a special interest or class. Now, how- 
ever, both branches of our State legislatures are elected 
by and represent the people. The election district and term 
of office and the age and residence qualifications of members 
constitute the principal distinctions between the two houses. 
The chief value of the bicameral system lies in the fact that 
each house tends to check hasty or unwise legislation in the 
other. 

Basis of Representation. — The Iowa House of Repre- 
sentatives is at present (by an amendment to the Con- 
stitution adopted in 1904) composed of 108 members. 
The original provision of the Constitution was that the 
House of Representatives should not be composed of more 
than 100 members. They were to be apportioned among the 
counties of the State arranged in representative districts; 
but no district was to contain more than four counties. In 
the northern and northwestern parts of the State, where 
the population was not so dense, a considerable number of 
three and four County districts had been formed. The 

60 



THE HOUSE OF REPRESENTATIVES. 6l 

custom of political parties, in such cases, of passing the office 
of Representative around among the several counties in the 
district often left the interests of the other counties almost 
unrepresented. A demand was therefore made that each 
county should have at least one Representative. Accord- 
ingly the amendment of 1904 provides that each county 
shall be entitled to one Representative; while the nine 
counties having the largest population are each entitled to 
have one additional Representative. 

The ratio of representation in the nine largest counties 
is determined by dividing the total population of the State 
by the total number of counties. As the State and national 
censuses are taken but five years apart, no injustice is done 
any County, for the General Assembly must fix the ratio 
and apportion the additional representation at their first 
meeting following the taking of such census. 1 

Election of Members. — The members of the House of 
Representatives are chosen every two years at the gen- 
eral biennial election in November. Their term of office 
begins on the first day of January following their election 
and runs for two years and until their successors 
are elected and qualified. The rules governing contested 
elections are determined by the General Assembly. 

Qualifications of Representatives. — The earlier State 
constitutions surrounded public office, especially legis- 
lative and executive offices, with so many qualifications 

1 The nine counties entitled to an additional representative according to 
the last census are : Polk, Dubuque, Woodbury, Linn, Scott, Pottawat- 
tamie, Clinton, Black Hawk, Wapello. 



62 THE GOVERNMENT OF IOWA. 

that only a small portion of the inhabitants were really 
eligible. The democratic spirit of the West, where all had 
to work and where interests were common, fostered a spirit 
of equality, in which family ancestry and worldly posses- 
sions did not make one man any better than another. 
Naturally in these newer States in providing the qualifica- 
tions for voters and the qualifications for office many of 
the older restrictions were discarded. Only sex, citizen- 
ship, age, and residence were retained as qualifications. 

To be eligible to the Iowa House of Representatives one 
must be a male citizen of the United States, twenty-one 
years of age ; one must have been a resident of the State 
for the year preceding his election, and must have had an 
actual residence in the County sixty days prior to his election. 
These qualifications are reasonable and just, since it would 
be manifestly unwise to allow foreigners to make our State 
laws. Nor would legislation enacted by persons under age 
receive the mature consideration that it should have. In 
fact the people of Iowa are not prone to trust the function of 
law-making to very young men. The youngest man in the 
Thirty- third General Assembly (1909) was twenty-four 
years old and the oldest was seventy-three; while the 
average age of the entire House of 108 members was nearly 
fifty years. But three of the 108 members had lived in the 
State less than fifteen years, and none less than six years ; 
while the great majority of them had lived in Iowa from 
twenty-five to thirty years. Thus it is seen that the people 
of Iowa really demand higher age and residence qualifica- 
tions than are prescribed in the Constitution. These in- 
sure not only a permanent interest and attachment to the 



THE HOUSE OF REPRESENTATIVES. 63 

State on the part of the Representatives, but they also give 
the State the benefit of that mature judgment which age and 
experience bring. 

Disqualifications. — Having mentioned the qualifications, 
it now remains to note the disqualifications for membership 
in the House of Representatives. No person holding a 
lucrative office under the United States or the State of Iowa 
is eligible to a seat; but offices in the militia to which there 
is no salary attached, and the offices of justice of the peace 
and postmaster, whose compensation does not exceed $100 
per year, are not considered as lucrative. No person who 
is a collector or holder of public money can hold a seat in the 
General Assembly until he has accounted for and paid into 
the treasury all sums for which he is liable. Nor can any 
one while he is a member of the Assembly be appointed to 
any office of profit which has been created or the compensa- 
tion of which has been increased during his term unless it 
be an office filled by popular election. 

Vacancies. — The theory of our government is that the 
people should never be without a representative in any 
legislative body, even though no session of the same is at all 
probable before the people have an opportunity to make 
a choice at the next regular election. No one can tell when 
the Governor may deem it necessary to call the Assembly 
in extra session ; and so the Constitution has provided that 
whenever vacancies occur in either house the Governor shall 
issue writs of election to fill such vacancies at special elec- 
tions. Frequently the persons so elected may never take 



64 THE GOVERNMENT OF IOWA. 

the oath of office or be called to attend a session of the 
General Assembly. 

Compensation. — The payment of legislators is uni- 
versal in the United States; but in most cases the com- 
pensation is small in proportion to the time and service 
required. This often prevents good men from accepting 
legislative office, because they feel that they cannot afford 
to sacrifice their private interests. Unscrupulous men some- 
times seek seats in legislative bodies, not for the compensa- 
tion it affords, but for the opportunities for graft which 
arise in the course of legislation. 

The Constitution of Iowa originally provided that mem- 
bers should receive $3 per day while in session and $3 for 
every twenty miles travelled in going to and coming from 
the seat of government ; but the General Assembly was 
authorized to change the compensation, providing that no 
Assembly should increase the pay of its own members. 

In 1880 the compensation of each member of the General 
Assembly was fixed at $550 for each regular session and 
mileage at five cents per mile, by the nearest travelled 
route, in going to and returning from the place of meeting. 
The Thirty-fourth General Assembly in 191 1 increased the 
compensation of members to $1000 per session, with mileage 
allowance as before. When the General Assembly is called in 
extra session, the compensation is to be at the same rate per 
day as for the preceding regular session (but it must not ex- 
ceed $6 per day), with the same mileage as for regular 
sessions. Thus, if the previous regular session had con- 
tinued for 100 days, the compensation would have been at the 



THE HOUSE OF REPRESENTATIVES. 65 

rate of $10 per day. If now an extra session is called and 
sits for six days, each member's compensation would be but 
$36 plus the usual mileage. 

Privileges of Members. — Although the Bill of Rights 
guarantees to every person liberty of speech, no special 
immunity is guaranteed by the Constitution to members of 
the House of Representatives. The General Assembly, how- 
ever, has by law provided that " no member shall be ques- 
tioned in any other place for any speech or debate in either 
house ; " and the House rules of the Thirty- third General 
Assembly state that in speech or debate each member " shall 
confine himself to the question under debate and shall 
avoid personalities." 

The Constitution insures members freedom from arrest 
while going to or returning from the General Assembly or 
while it is in session, except in cases of " treason, felony, or 
breach of the peace." This immunity, however, is not very 
great, for nearly all but the most petty offences will come 
under one of the three excepted cases. The General As- 
sembly has further enacted that none of its members " shall 
be held to appear or answer in any civil suit or special action 
in any court while the general assembly is in session." 
This immunity is of greater value, for it prevents persons 
from starting fake suits against members in order to call 
them into court when important business is being transacted 
in the General Assembly. 

Every member of the General Assembly has " the liberty 
to dissent from or protest against any act or resolution which 
he may think injurious to the public or an individual, and 



66 THE GOVERNMENT OF IOWA. 

have the reasons for his dissent entered on the journals." 
Each house is given authority by law to punish persons 
for contempt for the commission of certain acts against 
the privileges, dignity, or authority of its members. 

Organization and Officers of the House. — The organ- 
ization, officers, and procedure in the Iowa House of Rep- 
resentatives follow closely the system of the national 
House of Representatives in these particulars. The pre- 
siding officer is the Speaker, who is a member of the House, 
elected to his important position by his own colleagues on 
a strict party vote. 

The Speaker exercises the greatest power and influence 
in the House since he appoints all committees. He may 
anticipate proposed legislation by placing on committees 
men whom he knows to be favorable or hostile to measures 
likely to be introduced. The Speaker holds his office until 
the first meeting of the House of Representatives next 
after that at which he was elected. Thus, in case of an 
extra session no time is lost in effecting an organization. 
The Speaker preserves order, and presides over the delib- 
erations of the House, and votes in case of a tie or when the 
yeas and nays are called for. All other officers of the House, 
consisting of numerous clerks, doorkeepers, and pages 
are likewise chosen by the House itself. 

Committees of the House. — The House determines the 
number of committees into which it shall divide itself for 
the consideration of bills and resolutions. Naturally some 
committees are of more importance than others, and the 
opening of a session usually witnesses a good deal of wire- 



THE HOUSE OF REPRESENTATIVES. 67 

pulling by members to obtain chairmanships or positions on 
important committees. The Speaker often rewards his 
friends who have placed him in power by giving them places 
on the important committees, and sometimes a candidate 
for the Speakership even promises committee places in 
advance for support. 

The House of Representatives of the Thirty-third Gen- 
eral Assembly (1909) had sixty standing committees and 
every one of its 108 members had a place on eight or ten of 
them. The most important committees are those dealing 
with ways and means, appropriations, judiciary, railroads, 
and corporations. In order to give places to a large num- 
ber of members on these important committees, they are 
often made so large that the real function of a committee — 
careful consideration of proposed measures — is frequently 
lost. Thus the House Committee on Ways and Means of 
the Thirty-third General Assembly was made up of forty- 
three members, nearly half of the whole membership ; and 
of these forty-three, thirty-two were Republicans and eleven 
were Democrats. The important committee on appropria- 
tions contained thirty-eight members — thirty-one Republi- 
cans and seven Democrats. Of these, nine Republicans 
and three Democrats were also on the important Committee 
on Ways and Means. Thus the important subjects of 
legislation fall into the hands of comparatively few men ; 
while many members are placed upon committees to which 
few or no bills are ever referred. 

Special Powers. — The House of Commons in England 
enjoys the distinction of having the sole power of originat- 



68 THE GOVERNMENT OF IOWA. 

ing money or revenue bills ; the lower house of Congress 
has the sole power of originating bills for raising revenue. 
Several of the States of the American Union have given this 
same power to their House of Representatives. In Iowa, 
however, the lower house enjoys no such privilege, for the 
Constitution provides that bills may originate in either 
house, and may be amended, altered, or rejected by the 
other. The only special power of the House of Representa- 
tives is that of impeachment, which is limited to accusation. 
All impeachments are tried by the Senate. 

QUESTIONS ON THE TEXT. 

i. What is the chief value of the bicameral system? 

2. How many members are there in the Iowa House of Represent- 
atives ? 

3. What is the term of office and compensation of members of the 
House of Representatives ? 

4. What are the qualifications of members of the House of Repre- 
sentatives ? 

5. How are vacancies in the General Assembly filled? 

6. What are the privileges of members of the General Assembly? 

7. Why is the position of Speaker one of power and influence ? 

8. What are the most important committees of the House ? 



CHAPTER X. 

THE SENATE OR UPPER HOUSE. 

The Chief Features of the Iowa Senate. — The bi- 
cameral system is as firmly established in American gov- 
ernment as is the principle of the separation of powers ; and 
every one of our forty-eight State legislatures is so organ- 
ized, though often there is little or no difference in power 
between the two houses. The Senate or upper house of the 
Iowa legislature has no more power than the lower house. 
Its only claim to distinction is the longer term of its members 
and the higher age qualification. 

Composition of the Senate. — The original provision of 
the Constitution provided that the number of Senators 
should never be less than one-third nor more than one-half 
the Representative body. At the same time another section 
provided that the Senate should not consist of more than 
fifty members. The amendment of 1904 provides that the 
Senate shall be composed of fifty members. 

Election and Term of Office. — Senators are chosen by 
the qualified voters, in their respective districts, for a term 
of four years, twenty-one being elected at one general 
election and twenty-nine at the next. Those serving in 
the second session after their election are known as " hold- 
overs." In the Thirty- third General Assembly twenty-one 

69 



70 THE GOVERNMENT OF IOWA. 

Senators were "hold-overs," and twenty-nine had had 
former legislative experience. The " hold-overs," being 
familiar with legislative business, tend to give the Senate 
a little more dignity and influence in legislation than the 
House. 

Qualifications of Senators. — That it was the intention 
of the framers of the Constitution to make the Senate the 
more dignified and conservative branch of the General 
Assembly is shown by the longer term of office given to 
Senators and the higher age qualification required of its 
members. Senators must be twenty-five years of age, and 
must possess the same qualifications as Representatives 
as to citizenship and residence. In the Thirty-third Gen- 
eral Assembly the youngest Senator was thirty- two years of 
age, and less than one-third were under forty years of age. 
The disqualifications noted in respect to membership in the 
lower house apply equally to the Senate. 

Vacancies, Compensation, Contested Elections, and 
Privileges of Members of the Senate. — Whenever vacan- 
cies occur in the Senate, they are filled in the same manner as 
vacancies are rilled in the lower house. The compensation 
of Senators is the same as that of Representatives. Even 
the Lieutenant Governor as president of the Senate receives 
no more than the Speaker of the House. The provisions 
relative to contested elections and the privileges of members 
are identical with those already noted in connection with the 
lower house. 

Organization and Officers of the Senate. — Although 
the Constitution of Iowa distinctly states that " each house 



THE SENATE OR UPPER HOUSE. 7 1 

shall choose its own officers," it also states that "the Lieu- 
tenant Governor shall be President of the Senate." The 
other officers of the Senate, consisting of a president pro 
tempore, several secretaries, clerks, and a corps of door- 
keepers and messengers, are all chosen by the Senate itself. 

Procedure in the Senate. — Like the House of Repre- 
sentatives the Senate adopts its own rules of procedure. 
Motions in the Senate are not seconded as they are in the 
House, but are put directly by the presiding officer. In de- 
bate members rise and address the chair as " Mr. President," 
and are required to confine themselves to the question under 
debate, avoid personalities and the imputation of improper 
motives. 

Committees of the Senate. — Legislation proposed in the 
Senate is also referred to appropriate committees, though 
these committees are not always identical with those of the 
House. The Senate of the Thirty-third General Assembly 
had thirty-nine standing committees, numbering from 
four to eighteen members, and each Senator served upon 
eight of these committees. All of the committees are ap- 
pointed by the president of the Senate, who may exercise 
more independent judgment than the Speaker of the House 
in making appointments because he does not owe his position 
to his colleagues. In addition to the regular standing 
committees of the Senate, select committees are created, 
as necessity requires, for the consideration of such matters 
as cannot conveniently be referred to any of the standing 
committees. 

In the process of legislation committees are very power- 



J2 THE GOVERNMENT OF IOWA. 

ful in promoting or rejecting proposed legislation, for 
ordinarily each house supports the majority report of 
its committees. A chairman of a committee may even 
prevent favorable action on a bill which he disapproves 
by failing to call the committee together. 

Special Powers of the Senate. — The Constitution con- 
fers upon the Senate the right to try all cases of impeach- 
ment, the Senators being upon oath or affirmation during 
such trial ; the concurrence of two-thirds of the members 
present is necessary to convict. Other special powers 
have been conferred upon the Senate by law, such as the 
confirmation of certain appointments made by the Gov- 
ernor. As a matter of fact the Senate of Iowa is as popular 
a representative body as is the House of Representatives. 

QUESTIONS ON THE TEXT. 

i. In what respects does the Iowa Senate differ from the House? 

2. What is meant by "hold-over " Senators? 

3. What are the qualifications of Senators in Iowa? 

4. Who is the presiding officer in the State Senate ? 

5. How can a chairman of a committee influence legislation? 

6. What special powers does the Senate enjoy ? 



CHAPTER XI. 

THE EXECUTIVE DEPARTMENT. 

The Governor. — " The Supreme Executive power of 
this State/' declares the Constitution of Iowa, " shall be 
vested in a Chief Magistrate who shall be styled the Gov- 
ernor of the State of Iowa." He is usually accorded the 
title of " His Excellency." 

Election and Term of Office. — The term of office of the 
Governor is two years ; and it is customary for the party 
in power to accord the Governor a second term. He is 
chosen by the qualified voters of the State at the general 
election in November. The election returns for Governor 
and Lieutenant-Governor are transmitted " to the Speaker 
of the House of Representatives, who shall open and pub- 
lish them in the presence of both Houses of the General 
Assembly." The person having the highest number of 
votes for Governor and the person having the highest 
number of votes for Lieutenant-Governor are then declared 
elected. In case of a tie in either election the General 
Assembly at once proceeds to elect one of the persons to 
the office for which he was a candidate. Contested elec- 
tions are determined by the General Assembly by suitable 
legislation. 

Oath of Office. — Within ten days after his election has 

73 



74 THE GOVERNMENT OF IOWA. 

been declared by the General Assembly the Governor must 
qualify for his office by taking an oath administered by one 
of the Justices of the Supreme Court in the presence of the 
General Assembly in joint session. In this oath he promises 
to support the Constitution of the United States, the Con- 
stitution of the State of Iowa and to faithfully, impartially, 
and to the best of his ability discharge the duties of Gov- 
ernor of Iowa. Having taken the oath, he holds his office 
for two years from the time of his installation and until his 
successor is elected and qualified. 

The Law of Succession. — Early political philosophers 
feared that anarchy and revolution would result in case the 
State should at any time be left without a responsible execu- 
tive head. Hence the theory was advanced that the king 
never dies ; for as soon as the old king expired, his successor 
became king, even though the new king were absent and 
ignorant of the death of the old king. This explains the 
saying " The king is dead : long live the king " — that is, 
long live the new king. The founders of American govern- 
ment had the same fears for the headless State ; and to-day 
nearly all of the States elect at the same time with the 
Governor a person who must have the same qualifications 
and who is generally known as Lieutenant-Governor. 

The Lieutenant-Governor. — In Iowa the Lieutenant- 
Governor presides over the deliberations of the upper 
house and receives twice the compensation allowed to mem- 
bers of the General Assembly. 

It is the theory of the Iowa government in common with 
most of the States, that the office of Governor cannot be 



THE EXECUTIVE DEPARTMENT. 75 

vacant, since the Lieutenant-Governor immediately becomes 
Governor upon the death, resignation, or inability of the 
Governor to serve. However, if the inability of the Governor 
is only temporary, the Lieutenant-Governor acts only until 
the disability is removed, and in all other cases he serves for 
the remainder of the Governor's term. Should the Lieu- 
tenant-Governor, while acting as Governor die, resign, or 
become incapable of performing the duties of the office, then 
the president pro tempore of the Senate succeeds to the 
office of Governor ; and should he likewise become incap- 
able of performing the duties of Governor, then the office 
falls to the Speaker of the House of Representatives. 

Resignation or Removal. — When a Governor resigns 
his office, he sends his resignation to the General Assembly 
if that body is in session ; otherwise he deposits it with the 
Secretary of State. 

Whenever a Governor, a State officer, or district or Su- 
preme Court Judge is impeached, the punishment is " re- 
moval from office, and disqualification to hold any 
office of honor, trust, or profit, under this State; but the 
party convicted or acquitted shall nevertheless be liable to 
indictment, trial, and punishment according to law." 

Qualifications of the Governor. — The constitutional qual- 
ifications 'of the Governor of Iowa are limited to citizenship, 
age, and residence. He must have been a citizen of the United 
States and a resident of Iowa for the two years preceding his 
election ; and he must be thirty years of age. It is a fact that 
the Governors of Iowa have all been considerably more than 
thirty years of age. The Governor is required by law 



j6 THE GOVERNMENT OF IOWA. 

to keep his office at the seat of government, and should he 
refuse to do so, it is safe to say that he might be impeached 
and removed from office. 

Compensation of the Governor. — The Constitution of 
Iowa is silent as to what the salary of the Governor shall be. 
Therefore the General Assembly has been free to establish 
such compensation as seemed just and necessary. The 
present compensation of the Governor of Iowa is fixed at 
$5000 per year with an allowance of $1200 for house rent; 
and he also receives $1200 per year for his services as a 
member of the Executive Council. 

The Powers and Functions of the Governor. — The 

position of Governor in the States of the Union had risen 
to one of power and dignity before Iowa was admitted into 
the Union. And so the Constitution of 1857 made the 
Governor's office one of no mean proportions. Moreover, 
the General Assembly has constantly added to his powers 
and duties. 

The Governor is charged with the faithful execution of the 
laws; that is, he is required to see that the laws are enforced. 
He is the keeper of the Great Seal of the State of Iowa ; and 
all grants and commissions are signed by him and counter- 
signed by the Secretary of State. The Governor's powers 
and functions may be conveniently considered Under the 
following heads : — 

Recommendations to the Legislature. — The Consti- 
tution makes it the duty of the Governor to send a message 
to the General Assembly at each regular session. In this 



THE EXECUTIVE DEPARTMENT. Jf 

message the Governor reviews the condition- of the State, 
and recommends such matters as he may deem expedient. 
It has been the custom for Governors to have their messages 
in printed form laid upon the desks of members of the Gen- 
eral Assembly, and this custom prevails in many other 
States. Owing to the fact that a large part of the members 
do not take the time to read such communications carefully, 
recent Governors have read their messages in person before 
the two houses in joint session and have thus been able to 
center the attention of the legislators upon subjects deemed 
to be of importance. It is through the Governor's power 
of recommendation that he sometimes becomes the champion 
of popular political movements and often attains a national 
reputation, getting most of the credit for the good accom- 
plished through new legislation. 

Power of Convening, Adjourning, and Dissolving the 
Assembly. — The experience of our forefathers with ex- 
ecutive power led them to believe it to be dangerous to the 
State to vest in the Governor power to dissolve a legislature 
elected by the people. It is easy to provide for the con- 
vening of the legislature ; but, unless its sittings are confined 
to a limited number of days, there is always danger that 
the two houses may be unable to agree upon the time of ad- 
journment. The Governor of Iowa may call the Assembly 
in extra session at any time ; but it is only in cases of act- 
ual disagreement between the two houses as to the time of 
adjournment that he is empowered to adjourn the As- 
sembly. In no case can he adjourn the Assembly be- 
yond the time fixed for its next regular meeting. No 



yS THE GOVERNMENT OF IOWA. 

Governor of Iowa has as yet been called upon to exercise 
the power of adjourning the legislature. 

Veto Power. — The implicit faith of the fathers of Ameri- 
can government in a legislative assembly elected by the 
people and their distrust of executive power have been re- 
versed. Sometimes legislatures are corrupt; sometimes 
they lack wisdom; and frequently they show a tendency 
to extravagance. Experience has, therefore, taught us 
that we need have little fear of the Governor. Indeed, we 
have learned to look to him to safeguard the people's rights 
as against the legislature. The Governor of Iowa is charged 
with the duty of signing all bills of which he approves. If 
he does not approve a bill, we say he vetoes it, that is, he 
returns it with his objections to the house where it origi- 
nated. The chief value of this return is to give members of 
the General Assembly new light on the subject and to call 
public attention to the bill vetoed. The method of pass- 
ing bills over the Governor's veto has been explained above 
in Chapter VI. 

Appointing Power. — The only power of appointment 
given to the Governor of Iowa by the Constitution em- 
powers him to fill all vacancies where no provisions are made 
in the Constitution or laws for filling such vacancy; but 
appointments so made cannot extend beyond the next ses- 
sion of the General Assembly or the next general election. 
The General Assembly, however, has vested in the Gov- 
ernor power to appoint a number of officers, boards, com- 
missioners, inspectors, and the like ; but in some cases such 
appointment must be sanctioned by the Senate. The most 



THE EXECUTIVE DEPARTMENT. 79 

important of these appointive officers are : the Adjutant- 
General, the Commissioner of Labor, members of the 
Board of Parole, Food and Dairy Commissioner, mem- 
bers of the State Board of Education, members of the 
Board of Control of State Institutions, State Librarian, 
members of the Board of Health, Oil Inspectors, and Mine 
Inspectors. (See below Table of Administrative Officers, 
Boards, and Commissions.) If a United States Senator 
should die in office, resign, or be expelled, the Governor 
may, if the General Assembly is not in session, appoint 
someone to fill the place until the General Assembly shall 
meet and elect a successor as required by law. 

Power of Removal. — The Constitution does not grant to 
the Governor any power to remove officers ; but after enu- 
merating those who are subject to impeachment, it declares 
that " all other civil officers shall be tried for misdemeanors 
and malfeasance in office, in such manner as the General 
Assembly may provide." By law it has been provided that 
all officers, members of boards, commissioners, and the like, 
appointed by the Governor may for certain causes be re- 
moved by a majority vote of the Executive Council, of 
which the Governor is a member. The Governor may also 
direct the Attorney- General to file complaint and prosecute 
cases against County attorneys, sheriffs, mayors, police offi- 
cers, marshalls, constables, and members of the Board of 
Supervisors, who may be removed by the District Court 
upon the conviction of certain charges. 

Military Power. — Practically all modern governments 
make the chief executive officer the commander-in-chief of 



80 THE GOVERNMENT OF IOWA. 

the military forces of the State — not that he is the most 
skilful in arms, but because he is sworn to see that the laws 
are faithfully executed, and in the performance of this duty it 
may be necessary for him to call to his assistance the physi- 
cal force of the State. As head of the military department 
of the State, the Governor may designate a staff of officers 
who receive military titles and frequently accompany the 
Governor on ceremonial occasions. These appointments 
are generally political and not given because of military 
skill. 

The Thirty-third General Assembly enacted an entirely 
new military code for Iowa and authorized the Governor 
to make and publish regulations and orders for the govern- 
ment, discipline, and uniforming of the Iowa national guard, 
not in conflict with existing laws. 

Duties of the Governor. — The Constitution provides 
that the Governor " shall transact all executive business with 
the officers of government, civil and military, and may re- 
quire information in writing from the officers of the execu- 
tive department upon any subject relating to the duties 
of their respective offices." The General Assembly has re- 
quired practically all State officers, boards, commissions, and 
inspectors to report biennially to the Governor regarding 
the administration of their respective offices. The Gov- 
ernor must keep a journal in which he must record every 
official act. He approves the bonds of State officers, issues 
proclamations upon various subjects, and may offer re- 
wards, not to exceed $500, for the arrest of persons charged 
with crime punishable by death or imprisonment for ten 



THE EXECUTIVE DEPARTMENT, 8 1 

years. He must keep a journal of all official acts performed 
by him, which record is known as the Executive Journal. 
He may issue writs of election to fill vacancies in either 
house of the General Assembly. 

Pardoning Power. — The Governor of Iowa, in common 
with the chief executives of most States, may exercise the 
semi judicial power of granting reprieves, commutations, 
and pardons after conviction for all offences except treason 
and cases of impeachment, subject to such regulations as 
may be provided by law. In cases of treason he has power 
to suspend the execution of the sentence until the case can 
be reported to the General Assembly at its next meeting, 
when the Assembly is empowered to make final disposition 
of the case. The Governor also has power to remit fines 
and forfeitures, but he must report all such remissions with 
his reasons for granting them to the General Assembly. 

In keeping with the modern theory of penology, the State 
of Iowa has organized a Board of Parole, which investigates 
individual cases and makes recommendations to the Gov- 
ernor relative to pardons and paroles. He is not necessarily 
bound by these recommendations, but usually follows 
them in exercising his pardoning power. 

Besides these numerous official duties, our State Gov- 
ernors are usually overwhelmed with social duties. They 
are constantly called upon to deliver lectures and addresses, 
to participate in the dedication of public buildings, to enter- 
tain prominent Federal officials and officials from other 
States who visit the capital, and they usually make it a 
point to attend the funerals of noted men in the State. It 



82 THE GOVERNMENT OF IOWA. 

has sometimes been said that in the performance of these un- 
official duties our Governors have scarcely found time to 
attend to the duties of their office as prescribed by law. 

Other Executive Officers. — The executive department 
is represented by other officers than the Governor. Prob- 
ably the weakest feature of our State government is the lack 
of responsibility on the part of the leading executive officers 
to the chief executive; for the Governor cannot compel 
negligent officials to do their duty nor prevent one de- 
partment from trying to secure legislation to the detriment 
of another. The principal executive officers are the Sec- 
retary of State, the Auditor of State, and the Treasurer 
of State, being named in the Constitution and elected by the 
people. The people also elect a Superintendent of Public 
Instruction. 

The Secretary of State is head of the department of 
State. He countersigns all commissions and proclamations 
issued by the Governor and keeps a record of the same. He 
prepares the laws for publication. He must keep and pre- 
serve the original laws and resolutions of the legislature, the 
original and authentic copies of the Constitution of Iowa 
and of all amendments to it, all books, records, maps, reg- 
isters, and other papers pertaining to his office, until turned 
over to the Hall of Archives. Certificates of nomination 
for State officers are filed in his office. He is required to 
publish and distribute the Official Register, which contains 
much valuable information relative to the State of Iowa. 
His duties are many and varied ; and a number of minor 
officials are under his supervision. His term of office is 



THE EXECUTIVE DEPARTMENT. 83 

two years, and his compensation is $2200 annually, with 
$1200 additional as a member of the Executive Council. 

The Auditor of State. — This official is the bookkeeper 
and accountant of the State of Iowa. He keeps an account 
of all revenues, funds, and incomes of the State, and of all 
disbursements. He draws all warrants on the State Treas- 
urer in accordance with law. He reports to the Gov- 
ernor biennially all revenue, funds, income, taxable property, 
and other resources of the State. He apportions the in- 
terest of the permanent school fund among the several 
counties of the State. He has supervision of insurance, 
banking, municipal accounting, loan and trust companies, 
and building and loan associations. Claims against the 
State are presented to him for settlement. His term of 
office is two years, and his compensation is $2200 per year, 
with $1200 additional for work as a member of the Execu- 
tive Council. 

The Treasurer of State receives and disburses the 
State revenues. However, he pays no money out of the 
State treasury except on warrants properly drawn by the 
State Auditor. With the advice and approval of the Ex- 
ecutive Council he may designate one or more banks in the 
city of Des Moines as a depository or depositories for the 
collection of any drafts, checks, and certificates of deposit 
that may be received by him on account of any claim due 
the State. Such banks are required to pay to the State, 
on moneys remaining on deposit, interest at a rate agreed 
upon between the Treasurer and the bank with the 
approval of the Executive Council. In the fiscal period, 



84 THE GOVERNMENT OF IOWA. 

1 906-1 908, the State Treasurer reported having received 
to the credit of the State $27,794.84 for interest on State 
funds. All told, the State Treasurer has the custody of 
about six millions of dollars in each biennial period. His 
bond, therefore, is unusually high, being in the sum of 
$300,000, the highest of all the State officers. Like the two 
preceding State officers, his term of office is two years and 
his salary is $2200 per year, with the same additional com- 
pensation as a member of the Executive Council. 

The Executive Council. — The Governor, the Secretary 
of State, the State Auditor, and the State Treasurer con- 
stitute the Executive Council of Iowa. It is not a body 
like the President's cabinet, for the Governor does not 
exercise any choice in the selection of its members, nor is he 
independent of the other members. In fact the other three 
members may act without the Governor, for three members 
constitute a quorum for the transaction of business. The 
Executive Council is a creation of the General Assembly, and 
was established by an enactment in the Code of 1873. It 
is a body upon which the General Assembly has imposed 
a great variety of duties, the chief of which are the equal- 
ization of assessments, the canvassing of election returns, 
the superintendence of the census, and the care and custody 
of the property of the State when no other provision is made, 
to procure for State officers, the General Assembly, and the 
Supreme Court all necessary fuel, light, supplies, furniture, 
and all paper for public printing and stationery for public 
officials. The Council approves the banks designated by 
the State Treasurer as depositories for the collection of 



THE EXECUTIVE DEPARTMENT. 85 

drafts, receipts, etc., received for the State. It appoints the 
Board of Examiners for the office of State Mine Inspectors. 
It audits and approves the accounts of a large number 
of officials and employees of the State, and by a majority 
vote it may remove from office, for causes stated in the law, 
members of the Board of Curators of the State Historical 
Society, members of the Board of Educational Examiners 
appointed by the Governor, the directors of the weather and 
crop service, the Fish and Game Warden, members of the 
Commission of Pharmacy, members of the Board of Dental 
Examiners, members of the Board of Parole, Dairy Com- 
missioners, Custodians of Public Buildings and Property, 
State Veterinary Surgeon, Oil Inspectors, members of the 
Commission of Animal Health, Inspectors of Passenger 
Boats, members of the Board of Optometry Examiners, 
and members of the Library Commission appointed by the 
Governor. So many duties have been thrown upon the 
Executive Council that the Thirty-fourth General Assembly 
increased the compensation of its members from $800 per 
year to $1200. 

Appointive Officers. — The General Assembly chooses a 
State binder and a State printer. Moreover, provision is 
also made for the numerous boards, commissioners and in- 
spectors, exercising executive power pertaining to their re- 
spective offices, which will be considered at some length 
in the next chapter. 

QUESTIONS ON THE TEXT. 

1. What is the exact method of electing a Governor in Iowa? 

2. What is the Governor's oath of office? 



86 THE GOVERNMENT OF IOWA. 

3. What are the functions of a Lieutenant-Governor? 

4. What is the compensation of the Governor ? Of the Lieutenant- 
Governor ? 

5. Name five powers of the Governor of Iowa. 

6. What is the Executive Council and what are its functions? 
• 7. What are the duties of the Secretary of State? 

8. What are the duties of the State Auditor ? 






CHAPTER XII. 

ADMINISTRATIVE OFFICERS, BOARDS, AND COM- 
MISSIONS. 

Administration. — In the last chapter we considered, 
in addition to the chief executive, the more important ex- 
ecutive officers elected by the people. A study of the ex- 
ecutive department of government, however, must be made 
to include that numerous and important group of officials 
known as the administrative officers. We frequently speak 
of the Governor and the chief State officers as the admin- 
istration. But in addition to these there is a large number 
of individuals or groups of individuals usually receiving 
their offices by appointment, who perform duties prescribed 
by the legislature. These administrative organs are gen- 
erally designated as boards, commissions, inspectors, com- 
missioners, wardens, or superintendents. 

The Chief Boards. — The chief of these administrative 
organs are: the Board of Control of State Institutions, 
the State Board of Education, and the Board of Railroad 
Commissioners. Prior to July i, 1898, there existed in 
Iowa a large number of separate boards, each charged with 
the care and administration of some particular institution 
established either for the purpose of maintaining social order 

87 



gg THE GOVERNMENT OF IOWA. 

or of carrying out some of the numerous optional functions 
of government. In more recent years many of these boards 
have been abolished and their duties transferred to the chief 
boards above mentioned. 

The Board of Control. — By a law which became ef- 
fective on July i, 1898, a board of three persons, appointed 
by the Governor and confirmed by the Senate, was given 
the power to manage, control, and govern the charitable 
and penal institutions of the State. When the State San- 
atorium for the Treatment of Tuberculosis was established 
by law in 1905, it also was placed under the Board of Con- 
trol. Likewise the Board of Control was directed by the 
General Assembly to provide for the detention and treat- 
ment of dipsomaniacs and inebriates at one or more of the 
hospitals for the insane. The departments thus created 
were to be known as hospitals for inebriates. By an act of 
the Thirty-fourth General Assembly, in 191 1, the care and 
management of the College for the Blind was placed under 
the care of the State Board of Education. 

The members of the Board of Control of State Institutions 
hold office for a term of six years, one of their number re- 
tiring every two years. Each member receives $3000 per 
year for his services, and is allowed all necessary travelling 
expenses. 

The duties of the Board of Control are numerous and often 
trying, for they have many minor officials to superintend, 
the purchase and regulation of supplies to look after, the 
maintenance of a uniform system of bookkeeping, and the 
keeping of separate accounts with each institution. The 



ADMINISTRATIVE OFFICERS. 89 

institutions at present under the management of the Board 
of Control of State Institutions are the following : — 

The Iowa Soldier's Home at Marshalltown. 

The Iowa Soldiers' Orphans' Home at Davenport. 

The Institution for Feeble-minded Children at Glen wood. 

The State Sanatorium for the Treatment of Tuberculosis 
at Oakdale (near Iowa City). 

The School for the Deaf at Council Bluffs. 

The Industrial School for Boys at Eldora. 

The Industrial School for Girls at Mitchellville. 

The Mt. Pleasant State Hospital for Insane at Mt. 
Pleasant. 

The Independence State Hospital for Insane at Independ- 
ence. 

The Clarinda State Hospital for Insane at Clarinda. 

The Cherokee State Hospital for Insane at Cherokee. 

The State Hospital for Inebriates at Knoxville. 

The State Hospital for Female Inebriates at Mt. Pleasant. 

The Penitentiary at Ft. Madison. 

The Reformatory at Anamosa. 

The Industrial Reformatory for Females at Anamosa. 

The State Board of Education. — The success of the 
Board of Control of State Institutions in managing effi- 
ciently and economically the institutions under their care 
soon led to a demand for a central board to manage the 
three higher educational institutions of the State ; namely, 
the State University at Iowa City, the State College of 
Agriculture and Mechanic Arts at Ames, and the State 
Teachers' College at Cedar Falls. 



90 THE GOVERNMENT OF IOWA. 

It was in 1909 that the General Assembly passed an act 
creating the State Board of Education. This Board con- 
sists of nine members, appointed by the Governor and con- 
firmed by a two-thirds vote in the Senate. They are 
appointed for a term of six years, three of their number 
retiring every two years. Not more than five members may 
belong to the same political party, and not more than one 
alumnus from each of the three institutions may be on the 
Board at the same time. 

The State Board of Education is given full power to fill 
all positions, academic, administrative, and clerical, in the 
three institutions named, to fix all compensations, to make 
rules and regulations for their government, and to manage 
and control all property belonging to them. For the general 
supervision of the financial affairs of the three institutions 
the Board of Education chooses from outside of their own 
number three persons who constitute the Finance Com- 
mittee. The members of this Committee devote all their 
time to this work, hold office for three years, unless removed 
by a two- thirds vote of the Board, and receive each an 
annual compensation of $3500 along with necessary travel- 
ling expenses. The members of the Board are allowed $7 
per day for their services, but such allowance shall not be 
made for more than sixty days in any one year. 

By an act of the Thirty-fourth General Assembly the 
College for the Blind at Vinton was also placed under the 
control of the State Board of Education, since the work 
of that institution is educational in character. 

The Board of Railroad Commissioners. — This impor- 






ADMINISTRATIVE OFFICERS. 91 

tant board consists of three members elected by the people 
at the general election for State officers. Their term of 
office is four years and their compensation is $2200 per 
year, with necessary travelling expenses and free trans- 
portation upon the railroads of the State. 

The Board of Railroad Commissioners has general super- 
vision of all railroad and express companies within the 
State. It is the duty of the Board to see that railroads and 
their equipment comply with the requirements of law in the 
interest of public health and public safety, and to prosecute 
violations of the State law relative to rates and charges. 

Office of the Commerce Counsel. — By free passes and 
special favors in the matter of rates and charges, railroad 
and express companies became powerful factors in the State 
politics, and for a long time they were successful in defeating 
legislation which was intended to better regulate and con- 
trol them. With the passage of laws prohibiting passes and 
discriminating rates, the Board of Railroad Commissioners 
found it nearly impossible to prosecute all cases of violation 
of the State laws. It was in order to make the work of the 
Commissioners more effective that the Thirty-fourth Gen- 
eral Assembly, in 191 1, established in connection with the 
Board of Railroad Commissioners the office of Commerce 
Counsel. 

The Commerce Counsel, who must be an attorney of the 
State, is appointed by the Board of Railroad Commissioners, 
subject to the approval of two-thirds of the members of the 
Senate in executive session. He holds the office for four 
years and receives a compensation of $5000 per year. 



92 THE. GOVERNMENT OF IOWA. 

The chief duties of the Commerce Counsel are to investi- 
gate the reasonableness of rates charged or to be charged 
by railroad and express companies, and whenever such rates 
or charges are unjust, unlawful, or unreasonable, to in- 
stitute proceedings and prosecute the same before the Iowa 
Board of Railroad Commissioners or the United States 
Interstate Commerce Commission, according as they affect 
intrastate or interstate business. 

The regulation and control of railroads and express com- 
panies constitute one of the newer functions of govern- 
ment, and it is still in the experimental stage. In many 
States the Railroad Commissioners are appointed by the 
Governor, and they were so appointed in Iowa prior to 1888. 

The Functions of Government. — It would be difficult 
to make a definite and complete enumeration of the func- 
tions of government, for the list is constantly expanding to 
meet the growing needs of society. The functions of govern- 
ment have sometimes been classified as essential and optional. 
By essential functions of government is meant those activ- 
ities of the State which aim to preserve its own existence 
and to maintain internal order, including the protection of 
life, liberty, and property. By optional functions of gov- 
ernment is meant those activities of the State which are 
undertaken to promote the general welfare of its citizens 
along moral, intellectual, and economic lines. They in- 
clude many activities which, if not undertaken by govern- 
ment, would be discriminatingly or inefficiently performed 
by private agencies, or perhaps they would not be under- 
taken at all. 



ADMINISTRATIVE OFFICERS. 



93 



As the State has undertaken new functions, it has created 
special agents to see that these functions are properly per- 
formed. Thus there has been established in Iowa a large 
number of offices, boards, and commissions. It would be 
impractical to give a detailed description of all of these 
agencies of the State, but a brief outline of each is included 
in the table below. A further discussion of the functions of 
government will be considered in the last chapter. In the 
table here presented it is intended only to give the names 
of the State agencies, the method of appointment, the term 
of office, the compensation, and duties prescribed by law. 

TABLE OF ADMINISTRATIVE OFFICERS. 



Name of Office 



Custodian of 
Public Build- 
ings 



Director of 

Weather and 
Crop Service 



Fish and Game 
Warden 



How Chosen 



Appointed by 
Governor with 
consent of Sen- 
ate 



Appointed by 
Governor on 
recommenda- 
tion of State 
Board of Agri- 
culture 



Appointed 
Governor 



by 



Term of 


Yearly 


Office 


Salary 


2 yrs. 


$1500 


2 yrs. 


$1500 


3 yrs. 


$1600 



Powers and Duties 

Has charge of Capitol 
Building and grounds. 
Has charge of the jani- 
tors and police force. 
Contracts for fuel, light, 
water, ice, etc., subject 
to approval of Executive 
Council 

Establishes two or more 
volunteer weather and 
crop stations in each 
county. Tabulates re- 
ports for permanent 
records of climate and 
crops. Issues publica- 
tions relative to weather 
and crops 

Has charge of the restock- 
ing and distribution of 
fish and game in the 
State. Appoints numer- 
ous deputies to aid in 
the enforcement of the 
fish and game laws of 
the State 



94 



THE GOVERNMENT OF IOWA. 



TABLE OF ADMINISTRATIVE OFFICERS — Continued. 



Name of Office 


How Chosen 


Term of 
Office 


Yearly 
Salary 


Powers and Duties 


Dairy and Food 


Appointed by 


2 yrs. 


$2700! 


Inspects creameries and 


Commissioner 


Governor 






dairies, enforces the pure 
food laws, the stock food 
and seed laws, and the 
paint law. Issues li- 
censes for the sale of 
milk and cream 


Hotel Inspector 


The Civil Engi- 
neer or State 
Board of 
Health 


7yrs. 


$1500! 


Required to inspect every 
hotel once each year or 
oftener on the complaint 
of three or more patrons. 
Enforces laws relative to 
construction, fire es- 
capes, and sanitation 


Inspector of Bees 


Appointed by 


2 yrs. 


$3 per day 


Inspects apiaries for dis- 




Governor 




and ex- 
penses 
for time 
spent, not 
to exceed 
$1000 a 
year 


ease known as " foul 
brood " to give instruc- 
tions for treatment of 
same. May destroy in- 
fected colonies if neces- 
sary 


State Binder 


Elected by Gen- 


2 yrs. 


Paid for 


Binds the laws, journals, 




eral Assembly 




work on 
a sched- 
ule fixed 
by law 


and other publications 
issued by authority of 
the General Assembly 


State Inspectors 


Appointed by 


2 yrs. 


Fees col- 


Inspects sail and steam- 


of Boats 


Governor ; as 
many as neces- 
sary 




lected 


boats plying upon the 
inland waters of the 
State, and issues certifi- 
cates for same. Also 
issues certificates to en- 
gineers and pilots 


State Fire Mar- 


Appointed by 


4 yrs. 


$2500 


Devotes his entire time to 


shal 


Governor with 
consent of 
Senate 






the work. Appoints 
deputies and inspectors 
to investigate the cause 
and origin of every fire 
and make a record of 
the same. Examines 
buildings and compels 
owners to render same 
safe from fire. Requires 










teachers to hold fire drills 



ADMINISTRATIVE OFFICERS. 



95 



TABLE OF ADMINISTRATIVE OFFICERS — Continued. 



Name of Office 


How Chosen 


Term of 
Office 


Yearly 
Salary 


Powers and Duties 


State Inspectors 


Governor ap- 


2 yrs. 


Fees not 


Examine and test all oils 


of Oils 


points 14 in- 




to exceed 


offered for sale and mark 




spectors, one 




$150 per 


the same approved or 




of whom is 




month 


rejected 




designated as 




for chief 






Chief Inspec- 




and $100 






tor 




for others 




State Mine In- 


Governor ap- 


3 yrs. 


$1800 l 


Examine and inspect the 


spectors 


points three 
and assigns 
each to a dis- 
trict 






mines of the State and 
enforce the laws rela- 
tive to safety and sani- 
tation therein 


State Printer 


Elected by Gen- 


2 yrs. 


Paid for 


Must keep his office at 




eral Assembly 




work on 
schedule 
fixed by 
law 


the capital, and main- 
tain a printing plant 
sufficient to do all work 
required 


State Veterinary 


Appointed by 


3 yrs. 


$1800 


Has supervision of all con- 


Surgeon 


Governor 






tagious and infectious 
diseases among domestic 
animals within the State 
or in transit through the 
State. Is ex officio a 
member of the State 
Board of Health, the 
Department of Agricul- 
ture, and the Commis- 
sion of Animal Health 


Superintendent 


Appointed by 


At the 


$50 


Must take charge of and 


of Weights 


Governor 


pleas- 




safely keep the stand- 


and Measures 




ure of 
the 
Gov- 
ernor 




ards of weights and 
measures of the State. 
Compares his weights 
and measures with those 
in the counties at least 
once in ten years 



Entitled to necessary travelling expenses. 



9 6 



THE GOVERNMENT OF IOWA. 



.si I. 1 1 II 

o .y t3 — «-, e +■> 



° a j -s I § i 



en o <l> *•> 
in rt 

o "2 



aj ni ? o 



2 2 



££1 S°! 

■2 -SIS I s 

S "5 t3 cr _y 



% 3 <a o 



1.1 



o 8 



3 £ 



3 J 



"2 a a 



& a 

3'g 



O X y c3 a S 



°* .2 S TO cq ^ 

<u cd O *S « 

3 .2 W % 5 9 
~ S.S * * 8. 



— ra -3 



£ 2 - 



2 &-5 S3 



2 2 

V 

« .2 
a So 
"3 c 
a w 



2 3 

2 o 



.8 3 

2 =S 

4) T3 

2 * * 



" — i <u r u 

X> rt S io u. *^ 



u 5 
1.9 



j 2 E 



D T3 
XI V 



£3 cfl 

"2 -o y 

" e -2 



> S & 



2 y ^ 

2 a 3 

B o 

.2 fj « 

° ° ■» 

»" a 



II 



lli 



a o 



to -a 



s g 






I 

w 

J3 

4) ra 
.2 a 



§ 
5 


Curators 
Historica 
Iowa 




Board of 
State 
ciety ol 






ADMINISTRATIVE OFFICERS. 



97 



ft -n e 



Tl 


U 

a 

a 




-a 










o 


IB 










3 




a 








fl 










jfj 


, ! 


3 




.Ad 


o 


— 





-S b^ 3 



& % 3 = 



3 Q 

- - -s .-e -g 

-- o 



- <u 



- .is ^ u '- ' <u 
5 « £? " B 



S g 5 



"S M 



* cr « >-H -^ 



^ S a 2 «a a ^ 



a & rf 
.y o o 



•2 u 5 . 
=2 <u u «- 



It V h 

e £ - 

o 



5. .2 
S 13 






m 4J -t-> «^ 






o a "3 b « 

'3 « g 2 > 

"2 ° 53 3 



5^1 
g J? 
^ en « 

**> >> 53 

S gJ c 
o .2 



°3 



s? >> " 

■g -a S 

oi « as 



w S ft • « o 
g 5 rt 5 U 



.S U -u 5 



S3 « >. 

w C ni 

a a -o 



■ S g 

a s 



bp a 53 

isi 

Si I 

«j o a 



I s ; 

II II 



2S U 

8 1 -s a e 

.s 5 ts s s 



1 §-!!2 S 

53 co o _o 

<U -w 3 3 « 

H 



.3 c 

■§'e 



^ 



1) 

8 a - -a s 

g - 5 ^ 53 

| £ s .a g 



n3 <o 



o ii co "g 

.2 w +j pq 
•§ *S .a S 



1> o 

H 



2 

8 J 



9 8 



THE GOVERNMENT OF IOWA. 



.s ° 
'5 s 






<* .2 



O- c .2 



.2 o "5 



fe <U in u 



- 13 ° B "| & g 



" *#!'!§ 

S 3 g C CJ ts 

S >; "o .« "5 2 ea 
>, j= £ .9 



a 



G O tn > 



£ 



w in 



^ i> 5 

"S o .s 
> c <- 

I §-2 

ft cj j_> 



i « «. &.« 

6 ^ > ^ « 

_ ■>-> *S - c « 

J3 ft o (J oj 
y <u « ea a 






^3 c o 



aM| 



8 o o o 
2 & c ° 



G "5 « ° a £ -a 



"S.-0 5 '"3 

°W «) fl S 

■2 *S « 8 <a 8 

8J - > o 

y g - J2 ,2 a 

01 .2 "3 .2 O 

« 3 ,3 £ j= « 

-= - S w « «-> o 



O g 

O 1) 



2s 



> .2 

d o 



ADMINISTRATIVE OFFICERS. 99 

ii^c2o2 J 8 .4 .8 § -3 -i s! & 8 -9 o«sgi§'S ti 

ai&3 , s|£8 ^ §■ § ^ | I s § 2 -s £ i 8 l8^a-S|l 

o^-ox! S^- *- a»5 » « 5 S « 3 <" « „- £ .2 "S o t> 

J3*JUOci<iito4)J2 l i2-iJUlUC/2siO+J-4J-i->U3l-(0-i->OUO-UU— (fl 






3 <U 4J rt £ 



rf ^ <u C d «8 -— 

ajjocja ^ -a o. 



"C 2 



> 



<S o 



•3 



^ 



n**:« 



6 > 



.5 +j c > 



<u S3 
H 






o 
S 

II 

.3 g 



IOO 



THE GOVERNMENT OF IOWA. 



s s 



"S 4) 



3 >-T 

° 3 



8 E 



O «; « 



I 2 | 

y co © 



<U 3 C 



H - 



.6 2 

'J3 "3 



£ £2 



S 3 d « j» 



£ 3 






b- 



.Q — < c3 <u 



£ £ 



o — o 

() o 3 

p « "° 

5 «, JB 

£ ~ «. 

v — 

£ . .-g 

o -a £ 






33 3 -O 

.5 "3 «* 



§ 3 P 

£ u o 

o '•- '-3 

a si o 



P ii 
H T3 



"2 2 






1 a.I 



C P e 



a£ 



2 T5 
"O 2 

.P E 



"O « J. 

P tJ 3 



I 

■ CO "u •"-< 






C 



4> 2 e ^ 3 (g 

JS Oh & 2 < O 



5,5 .22 
CO 3 £ | 



5 a u 






3 !s! = 



Ph -u -g „ 

°G 



£lj.8 I 

M P ^ O >> 

u 2 * — 'G -° 

3 -g 1 ° 1 3 

CO 5 ^ *-> p 

U 3 3° S M 'S 

-p co .S t3 8 a 
H 



.a 5 >> g ™ 



> 

§ *> 2 -e 

*j p "S 

g -S "g *"5 

~ 8 G « 






2 3 

G g 

_ u « 

£ "u H 2 co H 



© & b 



U T3 

p 

— < d 



3 fa 



j= ie -s 



r T3 M . 
.= it n. >- 






< fi 



•g > -a > 

« | 2 § - 



! 



ADMINISTRATIVE OFFICERS. 



IOI 



« o ••= Z -S .a z 

"£ ti r^ & rt 



O 






^3 -w -M — 



"^ 3 



w ifi 






1) d >, C 



to £ 



C e3 
O 



2 5 

ft u 



"2 -° 
.S H 



o2.S 

"s o "S 

O j fa 



o -SP.SP 6 SJ 

*j J3 J3 O C 



III 

.a Sb "> 



u, 4J <U 5 

a <-> 5 

oii o >> 

O (D O X) 






> « b s « 

•* 60 3 2 c 

o ™ii ^ _£ 

1-1 ^ 3 s **• 

J3 U -C S ta 
H 



j, b£ 



« b ffi 



03 TJ 



(J T3 



•a 3 m 



o o 



W5 " -2 



4) 3j 

■5 X 









8- 



102 THE GOVERNMENT OF IOWA. 

Temporary Boards and Commissions. — The purposes 
for which many State boards or commissions have been 
established have been temporary. Examples of such com- 
missions are : the Code Commission, the Commission* to 
Locate the Seat of Government, and the State Capitol Com- 
mission. When the General Assembly feels that it has not 
sufficient information upon which to act intelligently in 
the making of laws, it sometimes appoints commissions to 
make special reports ; but it is in no way bound to act upon 
the reports submitted by such commissions. Thus, the 
elaborate report and recommendations to the Thirty-third 
General Assembly, in 1909, submitted by the Educational 
Commission was not acted upon. The Thirty-fourth Gen- 
eral Assembly, in 191 1, established two important com- 
missions to report to the Thirty-fifth General Assembly 
in 1913; namely, the Employers' Liability Commission, 
and the Tax Commission. 

Employers' Liability Commission. — This Commission 
was appointed to investigate and report upon the problems 
of industrial accidents in this and other States and to ascer- 
tain the most equitable and effectual method of providing 
compensation for losses suffered. It is required to report 
its conclusion with a draft of such bill or bills as may be 
deemed appropriate to the Governor of Iowa by Sep- 
tember 15, 191 2, when its work shall be complete and the 
Commission shall cease to exist. 

Tax Commission. — In like manner a tax commission 
was created in 191 1 " to examine into tax assessments, tax 
levy and tax collection laws of the state of Iowa, and of 



ADMINISTRATIVE OFFICERS. 103 

other States, and use such means and make such in- 
vestigations as it shall deem best to secure information, for 
the purpose of ascertaining whether the present laws of the 
state of Iowa regulating the assessment, levying and col- 
lection of taxes may not be improved, and to report its find- 
ings together with such recommendation as it may deem 
desirable, to the governor not later than October 1, 
1912." 

State Aid to Private Institutions. — In addition to the 
various boards and commissions established by law, 
encouragement has been given to associations whose activ- 
ities are of benefit to the State. Thus the State makes 
appropriations for the benefit of or prints the proceedings 
of such associations as the Iowa Academy of Sciences, 
the State Teachers' Association, the State Horticultural 
Society, and the Improved Stock Breeders' Association. 
Frequently charitable or educational institutions pri- 
vately conducted apply for and receive State aid. 



QUESTIONS ON THE TEXT. 

1 . What are the chief boards in Iowa ? 

2. How are the penal and charitable institutions of the State 
managed ? 

3. What advantage is it to the State to have its institutions managed 
by one board devoting all its time to the work rather than to numerous 
boards devoting only part time to the work? 

4. What are the duties of the State Board of Education? 

5. What is the relation of the Finance Committee to the State 
Board of Education? 

6. What are the duties of the Railroad Commissioners ? 



104 THE GOVERNMENT OF IOWA. 

7. In what way does the Commerce Council make the work of the 
Railroad Commissioners more effective ? 

8. Why is it better to have boards and commissions appointed by 
the Governor rather than elected by the people? 

9. Why is it a proper function of government to care for the defec- 
tive and dependent classes ? 

10. What functions of government may be considered as essential, 
and what as optional ? 

11. What purposes do temporary boards serve? 



CHAPTER XIII. 

THE JUDICIAL DEPARTMENT. 

The Courts. — The interpretation of the law by a de- 
partment of government which neither makes nor executes 
the law has been found to be an essential safeguard to the 
personal and property rights of the citizens. Experience has 
taught that the judicial system is most effective where the 
courts are arranged in a graded series from lower to higher so 
that the minor and less important cases may be settled 
in the lower courts, allowing the higher tribunals time to 
devote their energies to the settlement of the more impor- 
tant cases. 

The Justice of the Peace. — At the bottom of the ju- 
dicial scale is the Justice of the Peace Court, the judges 
of which are elected by the people in each township. 
In Iowa each township has two justices of the peace, 
but they are classed as County Officers. They must reside 
in the township in which they are elected. A justice of 
the peace may try cases coming within his jurisdiction 
anywhere in the County in which he resides, but not outside 
of it. He may try all civil cases in which the amount 
in controversy does not exceed $100, or with the con- 
sent of both parties the amount may be as high as 
$300. In criminal suits the justice of the peace may 

105 



106 THE GOVERNMENT OF IOWA. 

try cases wherein the penalty does not exceed $100 fine 
or thirty days in the county jail. The justice of the 
peace may also conduct preliminary hearings in criminal 
cases outside of his jurisdiction, and he may bind offenders 
over to the grand jury, fixing such bail as the law author- 
izes. An appeal may be taken from the decision of the 
justice of the peace to the District Court, except in those 
civil cases where the amount involved is less than twenty- 
five dollars. 

In addition to his judicial duties a justice of the peace 
may perform the marriage ceremony; he may act as 
coroner; and he may acknowledge papers and administer 
oaths. His term of office is two years. In most cases he 
receives no fixed salary, but is entitled to all fees up to a 
certain amount fixed by law. 

The District Court. — Above the Justice of the Peace 
Court is the District Court, which has jurisdiction over 
nearly all of the more serious offences and in the more im- 
portant civil cases. It may be said to be a court of general 
jurisdiction; and all actions civil, criminal, equitable, or 
probate may be begun there. At the present time (191 1) 
the State is divided into twenty judicial districts, and 
from one to five judges are allotted by law to each district 
in accordance with population and the volume of business. 
There are in all fifty-six district court judges, each elected 
by the people of his district and holding office for four years 
at a compensation of $3500 per year. In each County at 
least four sittings of the District Court must be held each 
year. 



THE JUDICIAL DEPARTMENT. 107 

Superior Courts. — The name Superior Court is some- 
what misleading since it is not a court above the District 
Court, but is in fact inferior to it. The General Assembly 
has provided that any city of four thousand inhabitants 
may by a vote of the people establish a Superior Court. 
Seven such courts have to date (191 1) been established in 
Iowa. 1 The Judge's term of office is the same as that of 
District Judges (namely, four years) ; but his compensa- 
tion is less, being but $2000 per year in cities of under 
25,000 population, and $3000 per year in cities not County 
seats having a population of 25,000 or more. Half of the 
salary of Superior Court Judges is paid out of the city 
treasury and the other half out of the County treasury. 

A Superior Court when established takes the place of a 
police or mayor's court and has exclusive jurisdiction in all 
cases arising under the city ordinances. It has concurrent 
jurisdiction with the District Court in all civil matters, 
except in probate matters and actions for divorce, ali- 
mony, and separate maintenance. It also has concurrent 
jurisdiction with justices of the peace. Writs of error and 
appeals may be taken to the Superior Courts from the 
Justice of the Peace Courts in the township in which the 
Superior Court is held, and, by the consent of both parties, 
from any other township in the County. That the Superior 
Court is inferior to the District Court is shown by the fact 
that in criminal cases an appeal may be taken to the Dis- 
trict Court in the same manner as provided for appeals 
from Justice of the Peace Courts in criminal cases. The 

1 Superior Courts have been established in Cedar Rapids, Council Bluffs, 
Grinnell, Keokuk, Oelwein, Perry, and Shenandoah. 



108 THE GOVERNMENT OF IOWA. 

organization of a Superior Court is a distinct advantage to 
a city of considerable size which is located at a distance 
from the County seat. 

The Supreme Court. — At the head of the judicial sys- 
tem in Iowa stands the Supreme Court. It consists of six 
justices, all elected by the people. Their term of office is 
six years, two justices being elected biennially at the 
general election. The justices of the Supreme Court of 
Iowa each receive a compensation of $6000 annually. 
Four justices constitute a quorum for the transaction of 
business. When one Supreme Court justice was elected 
annually, the one whose term expired first was Chief Jus- 
tice in his last year ; but since the biennial election amend- 
ment was adopted, the terms of two of the justices usually 
expire at the same time. In such cases the older of the 
two serves as Chief Justice in the fifth year of his term, 
and the younger serves as Chief Justice in the last year of 
his term. 

The Supreme Court exercises a supervisory control over 
all inferior judicial tribunals throughout the State. Its 
chief function is the correction of error at law. Only in 
rare instances are cases started in first instance or begun 
in the Supreme Court; and cases appealed to it are not 
retried, except equity cases, but are simply reviewed to 
determine whether the trial judge's interpretation of the 
law was correct. In most cases the decisions of the Su- 
preme Court of Iowa are final. When the Supreme Court 
is equally divided on a given case the judgment of the 
lower court is always sustained. The Supreme Court of 



THE JUDICIAL DEPARTMENT. 109 

Iowa holds three regular terms of court each year begin- 
ning in January, May, and September. The Court may 
adjourn from time to time, but not for more than thirty 
days except during July and August. 

Two purely clerical officers attached to the Supreme 
Court are also elected by the people. These are the Clerk 
of the Supreme Court and the Reporter of the Supreme 
Court. They are elected at the general election and hold 
office for four years. It would undoubtedly be much 
better to have such officers as these, acting under the 
direction of the Supreme Court, chosen by the judges of 
the Court, for the judges would be much better able to 
determine the qualifications necessary for such positions 
than the people. 

The Public Prosecutors. — An account of the judicial 
system of Iowa would be incomplete without a considera- 
tion of the Attorney- General and the County Attorney. 
Both of these officials are constitutional officers, the County 
Attorney being the only County officer provided for in the 
Constitution. Both represent the State. As a general 
rule all offenders against the State laws are tried in the 
County in which the offence was committed. 

County Attorney. — Each county elects a County Attor- 
ney who represents the State in all criminal prosecution 
in his County. He also represents the County when its 
interests are at stake, and he must appear on behalf of the 
township trustees whenever they are made parties to 
litigation in counties of less than 25,000 inhabitants, unless 
the interest of the County and the trustees are adverse. 



HO THE GOVERNMENT OF IOWA- 

He is likewise legal adviser to the Board of Supervisors and 
County officers. 

Attorney- General. — The Attorney- General is a State 
officer, elected in the same manner as other State officers 
and for the same term of office. Whenever a criminal 
case is carried to the Supreme Court, the Attorney- General 
takes charge of the case instead of the County Attorney. 
He also represents the State whenever it is a party to a 
suit. This may be in a District Court as well as in the 
Supreme Court, for we have already noted that he may 
bring suit in the District Court for the removal of certain 
County or city officers. He is also the legal adviser of the 
State officers and of the General Assembly, whose mem- 
bers may also ask his advice upon matters of law. 

The Duty of Public Prosecutor. — Thus it appears that 
the public prosecutor is an important adjunct to the 
judicial department, since the courts do not begin suits 
against offenders, but only try cases which have been 
properly brought before them. On the other hand, the 
public prosecutor is also closely associated with the execu- 
tive department, aiding the executive in the enforcement 
of law. If the public prosecutor fails or neglects to do his 
duty, many offenders against the laws of the State will go 
unpunished. 

Prior to 191 1, the prosecuting attorney did not have 
complete control in starting criminal proceedings against 
all criminals, for the grand jury had to take the preliminary 
steps in all indictable offences. He could not prevent or 
compel action on the part of the grand jury, but he fre- 



THE JUDICIAL DEPARTMENT. Ill 

quently determined what cases were to come before the 
grand jury. An amendment to the Constitution of 1884 
authorized the General Assembly to provide for holding 
persons to answer for criminal offences without the inter- 
vention of a grand jury, but no such provision was made 
until the session of the General Assembly in 191 1. This 
act provides that in all criminal offences in which the 
punishment exceeds a fine of $100 or exceeds imprisonment 
for 30 days, the accused may be prosecuted to final judg- 
ment after being bound over to the grand jury on pre- 
liminary examination, either on indictment by the grand 
jury or upon information of the County attorney under 
oath. 

QUESTIONS ON THE TEXT. 

1. What is the function of the Courts? 

2. Why is a graded series of Courts best? 

3. Name the different courts in our judicial system. 

4. Give the powers of a Justice of the Peace. 

5. How many judicial districts are there in the State? 

6. In what Court are most of the serious offences tried ? 

7. How does a Superior Court differ from a District Court ? 

8. Describe the organization of the Supreme Court of Iowa. 

9. What is the relation of the public prosecutor to the Courts ? 



CHAPTER XIV. 
THE COUNTY AND ITS GOVERNMENT. 

The Status of Local Governments. — Turning from a 
consideration of the State government, the framework of 
which is provided for in the Constitution, we now enter 
upon a brief consideration of the government of those 
political subdivisions of the State with which most people 
are more or less familiar. 

With the exception of limitations placed upon the 
General Assembly in the Constitution relative to the 
changing of the boundaries of counties and the location of 
county seats and the limitations placed upon counties in 
contracting debts, the General Assembly is given free hand 
in enacting legislation relative to the organization, powers, 
duties, and officers of the counties, townships, cities, and 
towns of Iowa as long as such legislation is uniform through- 
out the State. 

Area of Counties. — The legislature has divided the 
State into ninety-nine counties, fifty-two of which are 
rectangular in form and contain from twelve to sixteen 
Congressional townships, with an area of 432 or 576 square 
miles in each. (See map VI.) The remaining counties 
have somewhat irregular boundaries and vary in area. It 
will be remembered, however, that the General Assembly 

112 




Map VI. Map of Iowa Showing Present County B( 



DARIES AND DATE OF ESTABLISHMENT OF EACH COUNTY 



THE COUNTY AND ITS GOVERNMENT. 113 

is forbidden to organize any County with less than 432 
square miles. 

County Officers. — Each County is a body corporate for 
civil and political purposes, and has a County seat where 
the County court-house is located. Here the County 
officers are accommodated and the District Court is held. 
The County officers consist of a Board of Supervisors, a 
County Attorney, an Auditor, a Treasurer, a Recorder, a 
Clerk, a Sheriff, a Coroner, and a Superintendent of Schools. 
The duties of these officers will be briefly considered. 

The Board of Supervisors. — The Board of Supervisors 
in fifty-nine counties consists of three members ; in thirty- 
seven counties it consists of five members ; and in three 
counties it consists of seven members. The number of 
Supervisors may be changed in any County by a vote of 
the people of that County. The members of the Board 
are chosen for a term of three years and their terms expire 
in rotation. The members of the Board must be qualified 
electors in the County in which they are elected, and no 
two of them may come from the same township. The 
Board itself may, however, divide the County into super- 
visor districts, or provide for the election of its members at 
large. If the County is districted, then each district is 
entitled to one Supervisor. The Board cannot redistrict 
the County more than once in two years. The Board has 
general supervision and management of the affairs of the 
County. The regular meetings of the Board as provided 
for by law are held on the second secular day in January, 
the first Monday in April and June, the second Monday 



114 THE GOVERNMENT OF IOWA. 

in September, and the first Monday in November in odd- 
numbered years, and the second Monday in November in 
even-numbered years, after the election. A majority of 
the Board constitutes a quorum and may request special 
meetings. The Board chooses its own chairman who pre- 
sides over the meetings and votes as any other member. 

Powers and Duties of the Supervisors. — In the County 
there is not so clear a separation of governmental powers 
as prevails in the State government. The Board of Super- 
visors exercises both legislative and administrative func- 
tions. It makes regulations and votes appropriations ; and 
it sees that the regulations are obeyed and that the money 
is properly spent. The members are in fact Supervisors 
of the County, since they not only look after the business 
management of the County but also have general super- 
vision over all other County officers. 

All the powers and duties of the Board of Supervisors 
are determined by the State and may be expanded or con- 
tracted as the General Assembly deems wise. In the Code 
Supplement of 1907, twenty- three specific powers of the 
Board of Supervisors are enumerated, and numerous others 
have been added by the General Assembly since then. 
The chief of these are: to make orders relative to the 
property of the County ; to examine and settle all accounts 
of the receipts and expenditures of the County ; to settle 
all just claims against the County ; to provide the neces- 
sary buildings for the use of the County and of the courts ; 
to establish, organize, and name townships; to require 
County officers to make reports under oath and to give 



THE COUNTY AND ITS GOVERNMENT. 115 

bonds for the faithful performance of duty; and in case 
of failure on the part of a County officer to make the report 
or give the bond required, the Board may by a majority 
vote remove such County officer and fill the vacancy thus 
created until the next election. 

The Board controls the County school fund, lays out 
or discontinues public highways in the County, and builds 
all bridges in the County. It may offer bounties, not to 
exceed five dollars, on the scalps of wild animals killed 
within the County. It may buy the necessary real estate 
to provide a farm and home to support the County poor ; 
fix the compensation of all services of County and township 
officers not otherwise provided for by law ; buy real estate 
for County fairs ; locate polling places outside of cities ; 
establish drainage and permanent road improvement dis- 
tricts ; and give decent burial to honorably discharged but 
indigent soldiers and sailors of the United States and their 
wives and widows. Furthermore the Board has power to 
make all rules and regulations, not inconsistent with law, 
as may be deemed necessary for the government of the 
County, the transaction of County business, and the preser- 
vation of order. 

The Duties of the County Attorney. — The duties of the 
County Attorney have already been considered in the 
chapter on the State Judiciary. (See above, Chapter XIII.) 

The County Auditor. — This officer is Secretary to the 
Board of Supervisors and has general custody of the county 
court-house, subject to the direction of the Board of Super- 
visors, He has a great variety of duties, most of them 



Il6 THE GOVERNMENT OF IOWA. 

being connected with his position as Secretary to the 
Board of Supervisors. The chief of these may be briefly 
enumerated. He keeps the proceedings of the Board of 
Supervisors and sees that they are published in some 
newspaper in the County. He furnishes poll books for 
elections and makes up the official ballot for the County, 
which ballot bears a facsimile of his signature. Election 
returns are made to him. He issues certificates of election 
to county officers and holds their bonds. The resignations 
of township and County officers are made to him. All 
transfers of real estate by deed in the County are recorded 
in his office. He draws all warrants on the County treasury, 
and is indeed a very busy and important officer. 

The Auditor's term of office is two years. His compen- 
sation is determined by the population of the County, 
since from the very nature of his duties the larger the 
population the more service he has to perform. In counties 
of less than 10,000 inhabitants he receives $1200 per year. 
Where the population ranges between 10,000 and 25,000 
he receives $1400. And where the population of a County 
exceeds 25,000 the Board of Supervisors may allow him 
such compensation as they deem reasonable. 

The County Treasurer. — This County official receives 
all money payable to the County, which consists mostly of 
the taxes paid in the County. He pays out money only 
on warrants from the County Auditor; and thus each 
officer is a check upon the other. These officers are usually 
under heavy bonds to insure a faithful performance of duties. 

The Treasurer must keep an account of receipts and 



THE COUNTY AND ITS GOVERNMENT. 1 17 

disbursements in such shape that they may be inspected 
by the Board of Supervisors at any time. The Treasurer's 
term of office is two years, and his compensation is a 
percentage of the money collected by him together with 
some fees ; but if the aggregate amount exceeds $1500 per 
year, the balance is to be returned to the County treasury. 
When the population of a County does not exceed 10,000, 
the compensation cannot exceed $1300; and when the 
population is 30,000 or more, the Board of Supervisors 
may allow additional pay. 

The County Recorder. — As his title indicates, the 
County Recorder is an officer charged with the duty of 
recording instruments in writing which may be delivered 
to him for record. The chief instruments of record in his 
office are deeds, mortgages, articles of incorporation, and 
the like. Every change in the title of land must first be 
entered in the records of the County Auditor's office before 
it is entered in the office of the Recorder. In counties of less 
than 10,000 inhabitants the same person may hold the 
office of County Recorder and Treasurer. The office of 
County Recorder is one of the two County offices in Iowa 
to which women are eligible. It is, moreover, one of the 
lowest salaried of the County offices. The compensation is 
determined by population. In counties of less than 
25,000 inhabitants the salary is $1200; in counties of over 
25,000 and not over 35,000 it is $1500; and in counties of 
60,000 or over it is $2000. 

The County Clerk or the Clerk of the District Court. — 
The County Clerk is an oflicer of the District Court, and 



Il8 THE GOVERNMENT OF IOWA. 

most of the duties performed by him are connected with 
the work of that court. He must attend the sessions of 
the court either in person or by deputy. He records the 
proceedings of the court ; and in the performance of most 
of his duties he acts under the direction of the District 
Judge. When the court is not in session he is authorized 
to appoint executors, administrators, and guardians, until 
the next session of the court. A good, systematic Clerk is 
of great assistance to the District Judge in the disposition 
of business. 

In addition to his duties connected with the court, the 
Clerk issues marriage licenses, makes a record of the same, 
and must see to it that the parties applying therefor are 
eligible to marriage under the Iowa laws. He also keeps a 
register of all births and deaths within the County. The 
County Clerk is elected by the people for a term of two 
years and his compensation ranges from $1100 to $3300, 
according to the population of the County. In the smaller 
counties the Board of Supervisors may allow the Clerk 
probate fees not to exceed $300. 

The County Sheriff. — The office of Sheriff is one of the 
oldest in the history of Anglo-Saxon government. In the 
earlier history of England he was probably the most im- 
portant and powerful of the agents of local government, 
and he exercised judicial as well as executive and adminis- 
trative powers. The Sheriff has, however, lost most of his 
ancient prerogatives, and to-day he is considered chiefly 
as a peace officer in the County. As such he may appoint 
deputies to aid him, and in extreme cases may call out the 



THE COUNTY AND ITS GOVERNMENT. 119 

posse comitatus or " the power of the County," that is, all 
able-bodied persons. 

The Sheriff has charge of the County jail and the cus- 
tody of all persons committed to it. He is required to 
attend the District Court; and while it is in session he 
may appoint the necessary number of bailiffs, who are 
regarded as deputy sheriffs, and for whose acts the Sheriff 
himself is responsible. He may make arrests in his own 
County. He executes the judgments of the District Court ; 
and disobedience to its commands is contempt of court 
and may be punished accordingly. He executes and returns 
all writs and other legal processes of the District Court. 

The office of Sheriff, on account of the fees and salary 
paid, is one of the most highly prized in the County. The 
compensation ranges from $2000 to $3500 per year, accord- 
ing to the population of the County ; and in addition the 
Sheriff is authorized to collect a large number of fees for 
various services. 

The County Coroner. — The once powerful official of the 
Crown, established to limit the power of the Sheriff, has 
declined to a position of such insignificance that frequently 
there is no candidate for the office at the general election, 
and the Board of Supervisors is obliged to fill the place by 
appointment. Should the office of Sheriff become vacant, 
the Coroner is authorized to perform all the duties of 
Sheriff. Practically the only duty remaining to the office 
of Coroner as such is the holding of inquests over bodies of 
persons, the cause of whose death is uncertain or where 
suspicion or evidence of foul play exists. 



120 THE GOVERNMENT OF IOWA. 

In Iowa any justice of the peace may act as Coroner. 
The Coroner's only source of compensation is fees fixed by 
law for the performance of his duties. Frequently we find 
undertakers seeking the position of Coroner, not for the 
fees of the office, but for the opportunity of burying persons 
who come to their death by accident or by foul play. 

The County Superintendent. — The general supervision 
of the public schools of the County is confided to the County 
Superintendent. He holds a normal institute periodically 
for the instruction of teachers, and he conducts examina- 
tions to test the qualifications of those desiring to teach. 
The questions, however, for such examinations are fur- 
nished by the State Board of Educational Examiners, and 
the papers are read and graded under the supervision of 
the State Superintendent of Public Instruction. 

The County Superintendent has power to hear and 
decide all appeals from the decisions of the district board 
of directors, but the aggrieved party may still appeal to 
the State Superintendent. The County Superintendent 
must make an annual report to the State Superintendent 
describing the progress of public education in his County 
and send in such school statistics as are required by law. 

The office of County Superintendent may be held by 
women as well as by men, provided they possess the quali- 
fications of office, that is, hold a first-grade certificate, a 
State certificate, or a life diploma. The County Superin- 
tendent's term of office is two years, and the compensation 

1 The Board of Supervisors may allow such additional compensation as 
they deem just and proper. 



THE COUNTY AND ITS GOVERNMENT. 121 

is $1250 per year, 1 with an allowance not to exceed $20 
per month for actual travelling expenses incurred in visiting 
the County schools. 

The County Surveyor. — This office of County Surveyor 
was abolished by the General Assembly of 191 1. To-day 
Iowa is a well settled State, and the land has all been 
accurately located by the Congressional and subsequent 
surveys. The Board of Supervisors are now authorized to 
appoint some competent person who shall perform all of 
the duties belonging to the office of County Surveyor, and 
who may be employed by them for the purpose of making 
general specifications for the grading, repairing, and building 
of roads, bridges, and culverts. 

QUESTIONS ON THE TEXT. 

1. What authority has the General Assembly over the local gov- 
ernments ? 

2. Name the County officers. 

3. Give five powers of the Board of Supervisors. 

4. Give the duties of the County Auditor. 

5. How is the public safeguarded by having the Auditor draw the 
warrants which the Treasurer pays ? 

6. Name two County offices which may be held by women. 

7. What are the duties of the Recorder? 

8. What duties has the Clerk of Court outside of his court work? 
0. Why is the office of Sheriff both important and lucrative ? 

10. What is the only function of a Coroner at present? 

11. What are the qualifications of a County Superintendent? 



CHAPTER XV. 
THE CIVIL TOWNSHIP AND ITS GOVERNMENT. 

The Congressional Township. — When Iowa was first 
legally open to settlement, the pioneers found the land laid 
off by the government survey into areas six miles square, 
known as Congressional townships. The Congressional 
townships served but one purpose, as far as the Federal 
government was concerned, namely, a means of locating 
land. The State, however, has used the Congressional 
townships wherever possible as the component parts of the 
organized counties ; and so the Board of Supervisors, exer- 
cising its power to divide the County into townships " as 
convenience may require," has found it convenient in a 
large number of counties to adopt the lines of the Con- 
gressional township as the boundaries of the civil township. 

Organization of Civil Townships. — The civil township 
is an area of local government, a division of the County for 
governmental purposes, and is not a body corporate as is 
the county, city, or town. Being a local government, the 
convenience of the people is taken into account. Thus, 
where a river runs through a Congressional township it 
would be inconvenient to follow the Congressional town- 
ship lines and compel half the people to cross the river to 
vote or to transact other township business. Accordingly 

122 



THE CIVIL TOWNSHIP AND ITS GOVERNMENT. 123 

the Supervisors have been authorized to organize the civil 
townships within the County as convenience may require. 

Powers of the Iowa Township. — In Iowa the civil town- 
ship does not have the powers of the New England town, 
nor does the County have the authority of the County in 
the South. Here the powers of local government have been 
apportioned between the township and the County; and 
this arrangement is sometimes called the County-Township 
System. In the division of power the township has suffered 
most. The chief functions of the civil township in Iowa 
are the holding of elections, the repairing of roads, the list- 
ing of property for taxation, the equalizing of taxes, the 
giving of relief to the poor, and the transacting of other 
local business pertaining to the township. 

The Township Officers. — The township officers consist 
of three trustees, a clerk, two justices of the peace, two 
constables, and an assessor. All are elected by the people 
and serve for two years. A township office is usually looked 
upon as a burden and an annoyance by the farmer. On 
account of the difficulty of getting men to qualify and 
serve as township officers after election, the General Assem- 
bly has imposed a penalty of $5 upon any one who, having 
been elected to a township office, refuses to qualify and 
serve; but no one is compelled to serve as a township 
officer two terms in succession. 

Many justices of the peace report annually that no 
cases have been tried before them ; and many township 
Constables never make any arrests or perform any official 
acts. The Assessor is usually sure of two or three months' 



124 THE GOVERNMENT OF IOWA. 

work at $2 per day for listing all taxable property in his 
township. When the Township Assessor has estimated the 
value of all property listed by him for taxation, the Town- 
ship Trustees revise and equalize the assessment. Some 
curious facts regarding assessments have recently been 
brought to light. Cattle were assessed at $4.66 a head in 
Wright County, while in Des Moines County they were 
assessed at $10.45 a head. Swine were assessed at $4 a 
head in Webster County, and at only fifty-four cents a 
head in Sioux County. 

QUESTIONS ON THE TEXT. 

1. What is the purpose of the Congressional township? 

2. What is the purpose of the civil township? 

3. What determines the area of a civil township? 

4. What are the chief functions of the civil township? 

5. Name the township officers. 

6. Why is one subject to a fine for refusing to qualify when elected 
to a township office ? 

7. Is there something wrong with township assessment of property 
when cattle and hogs are assessed at such widely different values in 
different counties ? 



CHAPTER XVI. 
THE GOVERNMENT OF CITIES AND TOWNS. 

The Need of City Government. — Township government 
works well enough in a scattered, rural community; but 
where a large number of people are congregated together 
within a comparatively small area, a different and more 
efficient government is needed. As the number of persons 
residing in a given area increases, the greater must be the 
powers of the government of such a locality. Thus, a 
township government needs no power to install water, 
light, sewerage, and other public utility systems which 
become an absolute necessity in the interests of public 
health and public safety in a more thickly settled com- 
munity. 

The Source of Municipal Power. — All of the powers, 
duties, and functions of municipalities are derived from 
and are dependent upon acts of the General Assembly. 
This is, moreover, the general system which prevails 
throughout the United States. Legislatures grant or take 
away such powers and privileges as public policy or mere 
caprice may dictate; and the courts have generally fol- 
lowed the rule that what has not been especially granted 
to cities or towns is denied. This system has been unfor- 

125 



1 26 THE GOVERNMENT OF IOWA. 

tunate from the standpoint of good city government, for 
cities are constantly appealing to legislative assemblies for 
special powers to meet local conditions. Where the legis- 
lature, as in Iowa, is forbidden to enact special legislation 
for cities or towns, they have resorted to the expedient of 
classification. Sometimes, as in Ohio, the classes are 
made so numerous and with so little distinction that they 
become confusing. 

The European System. — The adoption of the general 
European system of placing a few fundamental restrictions 
upon cities and towns in the interests of the State and 
then granting all other powers not especially denied would 
probably have a wholesome effect upon our municipal 
governments. 

Incorporation of Municipalities. — Cities and towns 
acquire the privileges of local self-government through a 
legal process known as incorporation, which is accom- 
plished as follows : Whenever any locality or community 
not already within the limits of any city or town desires 
to become incorporated, it must present a petition to the 
District Court, signed by at least twenty-five voters resi- 
dent within the limits of the proposed corporation. The 
Judge of the District Court is empowered to change or 
limit the territory proposed to be incorporated ; and he 
appoints five commissioners who give notice of, and con- 
duct an election within, the limits of the proposed town 
to determine whether a majority of the qualified electors 
are in favor of incorporation. If the majority of the qual- 
ified voters favor incorporation, then the District Court 



THE GOVERNMENT OF CITIES AND TOWNS. 127 

directs the same commissioners to hold another election 
for the choice of a Council, a Mayor, a Clerk, and a 
Treasurer. 

The Classification of Municipalities. — The organization 
of a village or community as described above is known as 
a town and remains classified as such until the population 
increases to 2000 inhabitants, when it passes to the next 
higher group of municipal governments and becomes a city 
of the second class. When the population reaches 15,000, 
cities of the second class become cities of the first class. 

Powers of Municipalities. — Each of these three classes 
is vested with power to enact ordinances to preserve and 
promote the safety, health, prosperity, order, comfort, 
convenience, and improve the morals of the community 
and its inhabitants. Some of the things regulated by cities 
and towns may be enumerated. They provide for the pre- 
vention of nuisances, the regulation of slaughter-houses, 
the burial of the dead, and rilling or draining of lots. They 
license, regulate, and tax hotels, restaurants, eating houses, 
billiard rooms, theatres, circuses, shows, auctioneers, 
pedlers, plumbers, itinerant doctors, bill posters, junk 
dealers, pawnbrokers, etc. They also provide for the 
paving, cleaning, and lighting of streets and alleys ; for 
the furnishing of water, light, and sewerage, and for the 
maintenance of libraries, parks, and playgrounds. And 
they may enforce a great variety of orders and regulations 
to promote public health and safety. They may enforce 
their ordinances and regulations by penalties not exceeding 
$100 fine and thirty days in jail. 



128 THE GOVERNMENT OF IOWA. 

Composition of the Council. — The legislative depart- 
ment of a city or town is known as the Council. In towns 
it consists of five members elected at large; and in cities 
of both first and second class it consists of one member 
from each ward, and two members elected at large. The 
members of the Council, as well as other municipal officers 
elected by the people, are now chosen biennially for a 
term of two years. The election for such officers is not held 
in November at the general State election, but is held on 
the last Monday in March. This insures the considera- 
tion of local affairs and local issues apart from State and 
national politics. 

Compensation of Councilmen. — In cities of the first 
class the compensation of councilmen may not exceed 
$250 per year, while in cities of the second class and in 
towns it may not exceed $50. 

The Mayor. — The chief executive officer of the city or 
town is the Mayor. It is his duty to see that all regula- 
tions and ordinances are enforced. He is charged with the 
supervision of all officers of the corporation, and it is his 
duty to examine into complaints made against them and 
to cause all violation or neglect of duty to be corrected. 
He is the presiding officer of the Council, with the right to 
vote only in case of a tie. He reports to the Council the 
condition of the city, and makes such recommendations as 
he deems advisable. 

The Mayor is a conservator of the peace, and has all of 
the powers of a Sheriff in the suppression of disorders. He 
may arrest persons committing offences in his presence, 



THE GOVERNMENT OF CITIES AND TOWNS. 129 

and may issue warrants for the arrest of offenders. Un- 
less a police or superior court has been established within 
the city, the Mayor holds police court, in which he not 
only tries offenders against the city ordinances, but has 
the same jurisdiction as a justice of the peace. 

Appointing Power of the Mayor. — The Mayor is directed 
by law to appoint a Health Physician, a Street Commis- 
sioner, a Marshal, one or more Deputy Marshals if neces- 
sary, and such number of policemen as the Council by 
ordinance shall direct. Cities and towns may also provide 
for the appointment by the Mayor of such additional 
officers as may be necessary, such as Superintendent of 
Markets, Harbor Master, and Port Wardens and the like. 

The Mayor's Veto. — The Mayor is given a veto on the 
acts of the Council; but the Council may pass acts over 
his veto by a two-thirds vote. 

Compensation of Mayor. — The compensation of Mayors 
of cities or towns may be a sum fixed by the Council, or it 
may consist of fees derived from the police court, or it 
may consist of both. 

Other Municipal Officers. — It has already been noted 
that the officers elected in a town are the Councilmen, the 
Mayor, the Treasurer, and the Assessor. In addition to 
these, cities of the second class, having a population of over 
4000, may elect a City Attorney. And in cities of the first 
class there are to be elected in addition to the officers 
already named an Auditor, a City Engineer, and a Police 



130 THE GOVERNMENT OF IOWA. 

Judge. The Council in all cities and towns appoints the 
City Clerk; in cities of less than 4000 population they 
may also appoint the City Attorney. 

Other offices may be established at the option of cities 
or towns if permitted by law. Thus any city or town may 
provide for the creation of Park Commissioners ; cities of 
4000 may establish a Superior Court; and cities of 7000 
may establish a commission form of government which 
provides for an entirely different set of officers. 

The Three Classes of Municipalities. — It should be 
kept in mind that the chief differences between the three 
classes of municipalities — the cities of the first and second 
class and towns — is the extent to which taxes may be 
levied to carry out the special functions of local government. 

The Failure of Municipal Government. — Municipal 
government in the United States has long been the object 
of severe criticism. Corruption, inefficiency, and extrava- 
gance seem to have flourished in city government as in no 
other place. The government of our cities — especially 
our large cities — is often at best unsatisfactory. 

We have already noted the complete control of the 
legislature over cities — a control which is too frequently 
exercised for purely partisan reasons. To remedy this 
unfortunate state of affairs and to center responsibility in 
municipal matters numerous plans of city government have 
been devised and proposed. Some have advocated the 
appointment of Mayors and other administrative officers 
by the Governor. Others have argued for a system of home 
rule, wherein the city is permitted to frame its own charter. 



THE GOVERNMENT OF CITIES AND TOWNS. 13 1 

The Des Moines or Commission Plan of City Govern- 
ment. — The most recent and apparently the most popular 
municipal reform is the so-called " commission plan " of 
city government. This is a scheme of city government 
which attracted considerable attention because of what it 
accomplished for Galveston, Texas. The plan was care- 
fully studied and heartily indorsed by certain citizens of 
Des Moines, Iowa, who believed that the welfare of Des 
Moines would be materially promoted by the adoption of 
a similar plan of government. They persuaded the Thirty- 
second General Assembly to pass an act authorizing cities 
of 25,000 or over to organize under the commission plan 
of government. Des Moines and Cedar Rapids adopted 
the plan at once. The form of government adopted came 
to be known as the Des Moines Plan. Sioux City, Bur- 
lington, and Keokuk have also adopted the plan. So 
enthusiastic were the advocates of the system that the 
Thirty-third General Assembly was persuaded to pass an 
act to permit cities of 7000 to organize under the same 
plan by a vote of the people. 

Outline of the Plan. — In brief the plan is as follows : a 
non-partisan primary election is held for the selection of 
candidates for the positions of Mayor and Councilmen or 
Commissioners. Any qualified voter may become a can- 
didate, all names appearing on the same ballot without 
any designation of party affiliation. Of all the candidates 
for Mayor, the voter is entitled to vote for one only ; and 
from among the candidates for Councilmen the voter may 
in cities of 25,000 or over select four, in cities of 7000 and 



132 THE GOVERNMENT OF IOWA. 

under 25,000 two. When all votes are counted, the two 
candidates for the position of Mayor who have received the 
highest number of votes become the candidates for that 
office at the ensuing city election. In cities of over 25,000 
the eight candidates for the Council receiving the highest 
number of votes, become the candidates for the Council. 
At the general municipal election the people choose one of 
the two candidates for Mayor, and four of the eight or 
two of the four, as the case may be, candidates for the 
Council. 

Powers of the Commission. — These five officers (or 
three in the smaller cities) constitute the Commission and 
are vested with all the legislative, executive, and judicial 
powers formerly vested in other agencies of the city govern- 
ment. The Mayor is designated as Superintendent of 
Public Affairs ; and the positions of Superintendent of 
.Accounts and Finance, Superintendent of Public Safety, 
Superintendent of Streets and Public Improvements, and 
Superintendent of Parks and Public Property are distrib- 
uted among the four members of the Council. In cities 
under 25,000 each member of the Council superintends two 
departments. 

Responsibility and Recall. — The Commission elects all 
of the city officers, who thus become directly responsible to 
the Commission. Each Commissioner takes charge of his 
department and is held personally responsible for the con- 
duct thereof. Should any Commissioner be corrupt or 
negligent in the performance of his duties, he may be 
removed from office at any time by a process known as 



THE GOVERNMENT OF CITIES AND TOWNS. 133 

the Recall, which is accomplished as follows : when twenty- 
five per cent of the municipal voters properly sign a peti- 
tion demanding the election of a successor to the person 
sought to be removed and file it with the city clerk, an 
election is ordered in which the person sought to be removed 
may be a candidate to succeed himself. The one receiving 
the highest number of votes at such election is declared 
elected. 

Popular Legislation. — As a further safeguard to public 
interest the initiative and referendum were added to the 
Des Moines Plan of city government. By the initiative 
and the referendum the people become the active source 
of power in the city, and the Council or Commission can 
neither force undesirable legislation upon them, nor refuse 
to enact that which the people want. 

Compensation and Term of Office. — The compensation 
of the Commissioners is thought to be sufficient to attract 
good men. Thus the salary of Mayor ranges from $600 
in cities of less than 10,000 inhabitants to $3500 in cities 
of over 60,000. The compensation of Councilmen ranges 
from $450 to $3000 in accordance with population as given 
above. The Mayor, Councilmen, and other officers under 
the Des Moines Plan, except those under the civil service, 
hold office for two years. 

Advantages of the Plan. — The chief advantages of the 
Des Moines Plan may be said to be (1) the adoption of 
the short ballot which concentrates the minds of the voters 
on a few men whose fitness for office is the only con- 



134 THE GOVERNMENT OF IOWA. 

sideration ; (2) a few persons spending all of their time in 
the interests of the city's business will accomplish better 
results than a large number of persons each spending 
but a small portion of his time in the city's interest ; and 
(3) by concentrating power and responsibility in the hands 
of a few who are held strictly accountable for the con- 
duct of the city's affairs the ends of good government are 
better and more easily attained than by dividing and 
scattering responsibility among a large number responsible 
to no one. 

QUESTIONS ON THE TEXT. 

1. Why is the township government unsuited to a thickly populated 
community ? 

2. From what source do cities and towns derive their power to make 
and enforce ordinances ? 

3. How is a town incorporated? 

4. How are cities and towns classified ? 

5. Name five things which may be regulated by cities or towns. 

6. How many members are there in the Council of cities and towns ? 
How are they elected? Give term of office and compensation. 

7. Compare the position of the Mayor of a city with that of the 
Governor of the State. 

8. In what respect does the Mayor exercise judicial power? 

9. Name other city officers elected by the people. 

10. Describe the organization of a city government under the Com- 
mission plan. 

11. What are the advantages of the Commission plan of city govern- 
ment? 



CHAPTER XVII. 

AMENDMENTS TO THE CONSTITUTION. 

The Power to change Laws. — In the preceding pages 
the framework of the government of Iowa has been outlined. 
In the conclusion of this subject it is proper to ask how 
may changes be accomplished in this organization of the 
State where the General Assembly is not authorized to 
act? We have already noted that the General Assembly 
has complete power, almost without limitations, over the 
government of towns, cities, townships, and counties. 

The Power to change the Constitution. — The organi- 
zation of the State government has remained much the 
same since the Constitution of Iowa was adopted in 1857. 
No constitution, however perfect at the time of its adop- 
tion, however, can provide for all that the safety and 
welfare of the State may require in the future. No legis- 
lative body can pass an unalterable law ; nor can a con- 
stitutional convention direct that a certain provision of the 
fundamental law shall never be changed. Even if the 
people approve of such a provision, the same power — the 
people — may alter or abolish it. Some of the first State 
constitutions contained no amending clause. And it was 
believed on the one hand that such constitutions could 
not be amended, while on the other it was declared that 

135 



136 THE GOVERNMENT OF IOWA. 

the assertion in the Bill of Rights and in the Declaration 
of Independence that the people have a right to alter or 
abolish the form of government in the interest of public 
safety and happiness justified amendment. But unless 
the changes are accomplished in an orderly and legal way, 
there result revolution and anarchy. 

Methods of Amending Constitutions. — In general two 
methods have been followed in the United States in amend- 
ing constitutions: (1) by the agency of a constituent 
assembly or constitutional convention, or (2) by the agency 
of the legislature. In both cases the amendments have as 
a rule been submitted to a direct vote of the people for 
ratification. Amendment by convention is an expensive 
and difficult process, and is seldom employed except where 
a general revision of the Constitution is found necessary. 

Amending Clause in Constitution of 1846. — The Con- 
stitution of 1846 contained but a brief section providing 
for future amendments by a convention. The Whigs who 
had opposed the adoption of the Constitution of 1846 
claimed that the Democrats had placed certain partisan 
dogmas in the Constitution and then had purposely made 
the process of amendment difficult in order that they 
could not be repealed. 

Methods of Amending the Present Constitution. — When 
the Constitution of 1857 was drafted, most liberal provision 
was made to facilitate future changes in it. Three distinct 
methods of amending the Constitution are provided for; 
namely, amendments proposed by the legislature ; a con- 



AMENDMENTS TO THE CONSTITUTION. 137 

vention called by a vote of the people every ten years to 
revise and amend the Constitution ; and a convention 
called by vote of the people at the suggestion of the General 
Assembly to propose amendments. In each case the pro- 
posed amendment or amendments must be submitted to 
and ratified by the people at an election before they become 
a part of our fundamental law. 

The Legislative Method. — According to the legislative 
method amendments may be proposed in either branch of 
the General Assembly, and if agreed to by a majority of 
each, the proposed amendment is entered on the journals 
and must be published for three months previous to the 
next election of the members of the General Assembly. If 
the next General Assembly likewise passes the same pro- 
posed amendment without alteration by a majority of the 
members in each house, then the proposed amendment is 
submitted to the people, and if approved by a majority of 
those voting on the amendment, it thereby becomes a 
part of the Constitution. This process is slow ; but it 
makes changes in the Constitution possible and at the 
same time safeguards the State against hasty or ill-con- 
sidered measures. 

Convention by Vote of the People. — To make the 
people independent of the General Assembly in the matter 
of constitutional amendments the Constitution of 1857 
provides that every tenth year after 1870 the question, 
" Shall there be a Convention to revise the Constitution, 
and amend the same? " shall be submitted to the qualified 
voters at the general election. Thus far the people have 



138 THE GOVERNMENT OF IOWA. 

never indorsed the proposition for a convention, though 
the vote was very close in 1900. As a rule comparatively 
few of the voters have voted on the question. 

Convention by Vote of the Legislature. — The General 
Assembly is also empowered to submit the question of a 
convention to the people whenever they deem it advisable. 

Popular Government. — Thus we see that the govern- 
ment of Iowa is a government by the people ; and though 
the people may be negligent or misled for a while, when 
once aroused they have the power to compel obedience to 
their will. Constitutions are not written simply to be 
studied by pupils and students, but to express the will of 
the people and make possible at all times the expression of 
that will. The legislative department naturally voices the 
public will and enacts in response to popular demands a 
great variety of laws which may, however, be swept away 
at any future time. 

The concluding chapters will be devoted to a considera- 
tion of some of the more important activities of govern- 
ment as provided for by State legislation. 

QUESTIONS ON THE TEXT. 

1. What power may alter or amend the Constitution of Iowa? 

2. What is the process of amending the Constitution through the 
agency of the General Assembly? 

3. Of what advantage is it to submit the question of amendment to 
the people every ten years? 






CHAPTER XVIII. 

TAXATION. 

The Justification for Taxation. — In Chapter XII refer- 
ence was made to the functions of government, that is, 
the activities of the State undertaken either for the main- 
tenance of its own existence or for the promotion of the 
general welfare of society. In order to carry out these 
functions, it is necessary that the State should have suffi- 
cient revenue to compensate those who serve the State 
and to meet other expenses incident to the administration 
of the government. This public revenue is derived largely 
from taxation. Taxation has been said to be the price 
we pay for civilization. The State gives to the citizen 
both liberty and protection ; and in return the citizen should 
contribute to the support of the government in proportion 
to his ability — and his ability has generally been measured 
by the value of his property. 

Taxation a Difficult Problem. — To estimate the amount 
of revenue necessary to meet the needs of government, to 
provide for a fair assessment and equalization of property, 
and to arrange for the final collection of the taxes is no 
small task, since the kinds of property from which taxes 
must be raised are so numerous that some find it easy to 

139 



140 THE GOVERNMENT OF IOWA. 

escape their just share of taxation while others are unjustly 
assessed. 

Kinds of Taxes. — In Iowa the chief source of revenue 
has been a tax imposed at a certain rate per cent upon all 
property, real and personal, the evaluation and assessment 
of which is made by township assessors. This is the so- 
called general property tax. Besides the general property 
tax there are special taxes, including a variety of different 
taxes such as poll tax, road tax, corporation taxes, inherit- 
ance taxes, etc. 

The Process of Taxation. — The process of taxation in- 
cludes (i) the levy of the tax, (2) the assessment of property, 
(3) the equalization of assessment, and (4) the collection of 
the revenue. The first step in the process is making the 
levy, that is, determining the amount to be raised. The 
State Legislature determines the amount to be raised for 
State purposes ; the Board of Supervisors the amount for 
the county; the Trustees the amount for the township; 
and the city or town Council the amount for the city or 
town. 

The Assessment of Property. — By assessment is meant 
the placing of a valuation upon property listed for taxa- 
tion. In Iowa the law requires that property should be 
listed at the full cash value and assessed at one-fourth of 
said value. In reality property is listed at not more than 
half its cash value in many cases (and frequently less), 
the result being that many people actually pay taxes on 
about one-tenth the cash value of their property. Much 



TAXATION. 141 

of the dissatisfaction with the general property tax is the 
process of assessment, due to a large extent to the short- 
comings of local assessors. 

The Undervaluation of Property. — The work of the 
assessor is often trying. He finds that the taxpayers 
desire a low assessment, and he frequently yields to their 
demands to undervalue property in order not to become 
unpopular in his community. As a result many inequali- 
ties arise. In his work on the History of Taxation in 
Iowa, Professor John E. Brindley has shown how great 
some of the inequalities in assessments really are. Thus, 
in 1893 the average value of cattle in Adair County was 
$6.96 per head; in Calhoun County, $5.11; in Clark 
County, $9.05 ; in Des Moines County, $10.45 '■> an d in 
Wright County, $4.66. "It would be instructive, for 
example," says Professor Brindley, " to know what breed 
of swine was raised at that time in Sioux County, where 
the assessed value was only fifty-four cents, as compared 
with Webster County, where the assessed value was $4.oo. ,, 

The Concealing of Moneys and Credits. — Lands and 
many other forms of property cannot be concealed; but 
an enormous amount of wealth is represented by stocks, 
bonds, mortgages, and other securities which cannot easily 
be discovered if the owners omit or refuse to list them. 
Frequently the assessor does not try to discover this kind 
of property — sometimes because he feels that to assess it 
would work a real hardship upon the individual, and some- 
times, unfortunately, because he expects to profit personally 
by not listing it. 



142 THE GOVERNMENT OF IOWA. 

Exemptions. — Not all kinds of property are taxed. 
Federal, State, and local government property is not taxed. 
The property of religious, scientific, literary, and benevolent 
associations in actual use is also usually exempt. A me- 
chanic's tools, a teamster's team and wagon, and farm 
stock under a certain age are exempt. Honorably dis- 
charged soldiers and sailors are allowed an exemption of 
$1200. The legislation is constantly expanding or con- 
tracting the list of exemptions. 

The Equalization of Assessments. — In order to correct 
inequalities of assessment as between persons and places, 
a scheme of equalizing valuations has been provided by 
law. The Township Trustees constitute a local Board of 
Review for the township; the city or town Council con- 
stitutes such a board for the city or town; the Board of 
Supervisors constitutes a board of review for the County ; 
and the Executive Council constitutes a board of review 
for the State. It is the duty of boards of review to com- 
pare and equalize assessments, but in reality these func- 
tions are almost always performed in a perfunctory manner, 
the boards themselves being mere statutory makeshifts. 

The Rate of Taxation. — Taxes having been levied, 
assessed, and equalized, the next step in the process is to 
compute the tax that each individual or corporation is 
required to pay. The State Auditor notifies the County 
Auditor of the amount of the State levy, and he knows the 
rates for certain general taxes as provided by law. The 
rate of taxation is ascertained by dividing the total amount 
of taxes (State, county, and local) to be raised in a given 



TAXATION. 143 

taxation district by the total valuation of property in the 
district as shown on the assessment list, and the amount 
due on all property is then computed. 

The Collection of Taxes. — When the tax list is complete, 
it is delivered to the County Treasurer, who is the collector 
of all taxes on the tax lists. One-half the taxes due must 
be paid between the first Monday in January and the first 
day of March following, and the other half before the first 
day of September following. When taxes are not paid as 
required, they are said to be " delinquent," and a penalty 
of one per cent per month is added till payment is made. 
If the tax is not paid before the first Monday in Decem- 
ber, the property will be sold at public auction to pay the 
tax. Property so sold may be redeemed in accordance with 
law. 

Tax Reform. — Our system of taxation is very unsatis- 
factory because it is an antiquated system. It is hoped 
that the Tax Commission appointed by the Governor in 
191 1 will recommend a more equitable system and that 
the General Assembly will follow up such recommendations 
with appropriate legislation. 

In the early days most of the people of Iowa possessed 
about the same kind of property, and it was easy to find 
a basis of taxation which fell about equally on all the mem- 
bers of the community. But as our society has become 
more complex, due to the large increase in population and 
the tendency of people to crowd into the cities, new forms 
of wealth and new business methods have sprung up, 
which make the amount of personal and real property 



144 THE GOVERNMENT OF IOWA. 

owned a very inadequate test of ability to pay taxes. To- 
day men with large incomes may own no taxable property. 
A street car company's right to use the streets is of much 
more value than their cars, barns, and rails. All public 
service corporations, such as railroad, telegraph, telephone, 
insurance, and express companies do a large volume of 
business which is entirely out of proportion to the value 
of their physical property. 

The State should reach all of these forms of wealth and 
tax them for the protection and security which they enjoy. 
From the experience of other States that have remodelled 
their tax laws, it appears that the reforms most needed 
are the proper supervision of general property assessments 
and the expert valuation or assessment of public service 
corporations by a permanent non-partisan tax commission. 

QUESTIONS ON THE TEXT. 

i. Is it unjust to compel one to contribute toward the support of 
government ? 

2. Why is it difficult to levy a tax that will fall equally upon all citizens ? 

3. Name some of the special taxes which the citizen must pay. 

4. Describe the process of taxation. 

5. Can a man who undervalues his property for purposes of taxation 
claim to be honest ? 

6. Is the possession of real estate a good test of one's ability to pay 
taxes ? 

7. What is the purpose of exempting from taxation the property of 
churches and benevolent societies ? 

8. What kinds of property ought to pay more taxes than they now do ? 



CHAPTER XIX. 

EDUCATION AND THE SCHOOL SYSTEM. 

Origin of the School System. — Our school system takes 
its origin in the Ordinance of the Northwest Territory of 
1787, which declared that " Religion, morality and knowl- 
edge being necessary to good government and the happi- 
ness of mankind, schools and the means of education shall 
forever be encouraged." This recognition by law that the 
education of the youth was one of the functions of govern- 
ment had a profound influence upon the development of 
schools in all of the western States. 

The provisions of the Ordinance of 1787 were extended 
to Iowa when the Iowa country came under the jurisdic- 
tion first of the Territory of Michigan and then of the 
Territory of Wisconsin. When Iowa became a separate 
Territory in 1838, one of the first acts of the Legislative 
Assembly was to provide for a system of public education. 
But the meagre resources of the people made it im- 
practicable to establish public schools for nearly ten years 
after Iowa was admitted into the Union. In the mean- 
time, however, schools were maintained and supported by 
private enterprise. 

Private Schools. — The first school teacher in Iowa was 
Berryman Jennings, who taught a school in what is now 

l 145 



146 THE GOVERNMENT OF IOWA. 

Lee County in 1830. Another early teacher was Jesse 
Berry, who conducted a school at Iowa City in Johnson 
County within one block of the present site of the highest 
educational institution in Iowa, the State University. In 
those pioneer days Jesse Berry conducted his little school 
during the winter months and worked at almost anything 
that would give him employment during the summer. 
His account book, which has been preserved, shows how 
he received his pay for tuition. The following are interest- 
ing examples of pioneer accounting : — 

George T. Andrews Dr. 

To tuition up to Aug. 20, 1840 ... 5.23 

Cr. 
By one | days brick laying ©2.50. . 1.25 
By one days Webber . 2.50 

By one J day per self 63 

By 12 lights sash (from Pool) . . . 1.50 5.68 

F. E. Jones Dr. 

To tuition up to the time he ran away . . . $9.00 

Cr. by washing up to the same time ... 2.00 

School Lands. — The Congress of the United States has 
given great encouragement to education by liberal dona- 
tions of public land in all of the States and Territories. In 
his monograph on Federal and State Aid to Education in 
Iowa, Dr. H. S. Buffum points out that " the several 
Federal land grants made to Iowa for education, or made 
with other ends in view and afterward diverted to edu- 
cational purposes," include (1) the Sixteenth Section Grant ; 



EDUCATION AND THE SCHOOL SYSTEM. 147 

(2) the Five Hundred Thousand Acre Grant ; (3) the Uni- 
versity Grant ; (4) the Agricultural College Grant ; (5) the 
Saline Land Grant ; (6) the Five Section Grant ; and (7) the 
Swamp Land Grant. 

About twelve million acres of land were thus donated 
by Congress for educational purposes in Iowa. These 
lands were not, however, always wisely or advantageously 
disposed of. Most of the land was sold at $1.25 per acre, 
and some of it was sold as low as twenty-five cents per 
acre. Had Iowa, like Minnesota and some other States, 
kept only one-third of her school land till the present day, 
our State would now have a much larger school fund. 

The estates of deceased persons who leave no will or 
heir, and the clear proceeds of all fines collected in the 
several counties for the breach of the penal laws are made 
a part of the school fund in each County. The amount of 
money expended in Iowa annually for education is very 
large ; it is almost half of the total amount expended by 
the State for all purposes. 

The Common Schools. — The system of common schools 
as now organized provides for two classes of school corpo- 
rations, — the school township and the independent district. 
The school township generally coincides with the civil 
township in boundaries. The affairs of each school cor- 
poration are conducted by a board of directors. In the 
independent districts and school townships the directors 
are elected for three years, while in the subdistricts of the 
school township, if the township has been so divided, they 
are elected for one year. The management of all school 



148 THE GOVERNMENT OF IOWA. 

affairs in the school townships is in the hands of the school 
board, but most of the authority they exercise is granted 
to them by the voters of the school corporation at the 
annual school meeting. Independent districts may be 
established either in the rural communities or in cities and 
towns. 

The school system of Iowa lacks coordination. We have 
a system of common schools of two classes, namely, school 
townships, which may be divided into subdistricts, and 
independent districts. Provision has been made by law for 
county high schools, but there is no provision for city high 
schools. The Code permits each independent district to 
maintain " one or more schools of a higher order." The 
existence of high schools is, however, recognized in many 
different places in the law. We have a State Superin- 
tendent, County Superintendents, and City Superintend- 
ents ; and yet each is practically independent of the others. 
Each town or city selects its own teachers and prescribes 
its own courses of instruction. Courses of study are sub- 
ject to the approval of the State Superintendent, but as a 
matter of fact he has almost never been consulted in the 
matter. 

The State Superintendent. — All teachers in the public 
schools of Iowa must pass examinations under the direction 
of the State Board of Educational Examiners, of which the 
State Superintendent of Public Instruction is the most im- 
portant member. 1 The State Superintendent is charged 
with the general supervision of all the County Superin- 

1 See outline of Boards and Commissions, p. 96. 



EDUCATION AND THE SCHOOL SYSTEM. 149 

tendents and the common schools of the State. This 
power, however, is more nominal than real. He may call 
the County Superintendents in convention, but cannot 
compel their attendance. 

The State Superintendent collects and publishes a large 
number of school statistics. If any County Superintendent 
fails to make any report as required by. law, the State 
Superintendent may appoint some suitable person to per- 
form such duties, and the delinquent County Superin- 
tendent must pay for such work. 

While the State Superintendent may pass upon the 
qualifications of teachers, he cannot place a single teacher ; 
and his power to determine the course of study to be pur- 
sued is considered as obsolete. The Board of Directors of 
each school corporation elects its own teachers (who must 
be qualified according to law), adopts its own courses of 
study, and determines what text-books are to be used. 

The County Superintendent. — The county superin- 
tendency is a political office, and the person receiving the 
highest number of votes is, therefore, not necessarily the 
one best qualified for the place. The County Superin- 
tendent confines his activities to the rural schools. He 
must see that the provisions of the school law as it relates 
to the schools or school officers of his county are enforced. 
He may revoke a teacher's certificate for cause, subject, 
however, to an appeal to the State Superintendent. 

The Independent Districts. — The independent districts 
are really independent. We have already noted that they 
adopt their own courses of study and elect superintendents, 



150 THE GOVERNiMENT OF IOWA. 

principals, and teachers independent of the County or the 
State Superintendent. 

The School Laws of Iowa. — Educational experts have 
declared that many of our district schools are wasteful 
and inefficient ; that many parts' of the school laws are 
obsolete; and that many sections of the law are contra- 
dictory. It is a fact that the school laws of the State are 
in great confusion and badly in need of systematic arrange- 
ment. The Educational Commission, appointed in 1907, 
recommended an entirely new code of school laws looking 
toward the unifying and coordinating of the entire school 
system of the State. Unfortunately the legislature did not 
accept the recommendations of the Commission. 

The County High School. — So firmly is the theory fixed 
that each community must keep up a system of common 
schools that but one County in Iowa (Guthrie) has taken 
advantage of the provisions made by law for the organiza- 
tion of county high schools. In order to give rural pupils 
the benefits of high school education a recent law provides 
that any pupil may attend any high school, if one is not 
maintained in his home district, and his tuition must be 
paid by his home district. 

The Purpose of Education. — To-day the State looks 
upon education not only as a function which should be 
undertaken for the benefit of its citizens, but as a duty 
which the citizen owes to the State. And so, we have not 
only free education, but compulsory education. The 
schools may be supplied with truant officers to see thai 



EDUCATION AND THE SCHOOL SYSTEM. 151 

children attend school, and parents may be punished for 
failing to send their children to school. Many schools 
to-day aim, not only to teach the pupils reading, writing, 
and arithmetic, but they are also giving instruction in 
manual training and mechanic arts, cooking, and sewing. 
Thus, the school not only lays the foundation for a general 
education, but it also prepares the individual for a useful 
life in society. 

The Training of Teachers. — Of the children who enter 
the primary grades in any year, only about one-half reach 
the grammar school ; and perhaps less than half of these 
complete the high school course. And of those who com- 
plete the high school course, only a very few enter the 
college or university. 

In order to better prepare those who wish to teach in 
the rural schools after graduation from the high school, an 
act of the General Assembly of 191 1 provides for the 
granting of State aid to the amount of $500 per year for 
the introduction of normal courses in certain accredited 
high schools. This recent act is in keeping with the past 
policy of the State in the matter of training teachers for 
the public schools. 

The County Institute. — The County Superintendent 
usually conducts a normal institute in his County for a 
week or two each year, in order to give to teachers and 
those who wish to teach an opportunity to review the 
common branches. 

The State Teachers' College. — A State Normal School 
(now called the State Teachers' College) was established in 



152 THE GOVERNMENT OF IOWA. 

1876 at Cedar Falls " for the special instruction and train- 
ing of teachers for the common schools." Urgent demands 
were made before the legislature in 191 1 for the establish- 
ment of a like institution in the southern part of the 
State. 

The School of Education. — At the State University of 
Iowa at Iowa City a School of Education was established 
in 1907 " to educate men and women as teachers of special 
subjects in the best high schools, as principals of high 
schools and graded schools, as superintendents of schools, 
as supervisors of special subjects, as directors of kinder- 
gartens, and as instructors and professors in colleges and 
normal schools. " 

The State Historical Society. — At Iowa City the State 
has for over a half century supported the State Historical 
Society of Iowa — an institution which may be classed as 
one of the educational agencies of the Commonwealth. 
This Society has accumulated a library of over 40,000 
titles for the use of those interested in State and local 
history. Under the direction of its Superintendent re- 
searches in Iowa history are made by trained students. 
Besides a quarterly journal of history and politics, the 
Society publishes from three to five volumes of history 
each year. The publications of the Society are sent to 
practically all the public and college libraries throughout 
the State. 

Agricultural Education at the State College. — The 
farmer is a very busy person. He has neither time nor 



EDUCATION AND THE SCHOOL SYSTEM. 153 

money to spend upon doubtful experiments. The State, 
however, through its agricultural college at Ames is able 
to undertake a great variety of experiments. When re- 
sults have been obtained, the knowledge of which will 
materially benefit the farmer, the State not only publishes 
the results of such experiments, but by " short courses " 
and " farmers' institutes " the results of costly and pains- 
taking experiments are made clear to the farmer in his 
own locality. The methods of selecting, grading, testing, 
and planting seed corn have been revolutionized by agri- 
cultural education. 

The State Fair. — Nor should the State Fair as an agent 
in agricultural education be forgotten, for it is there that 
many a farmer gets his inspiration to be a better farmer 
by the adoption of new labor-saving devices or the pur- 
chase of better stock. 

Other Educational Agencies. — The organization of a 
school system does not complete the State's function of 
education. Public libraries are maintained where the citi- 
zen may freely acquaint himself with the best literature 
the world has produced. Art galleries, museums, and 
zoological gardens are maintained, not merely for the 
recreation they afford, but for their educational value. In 
European countries even theatres and opera-houses are 
maintained as a part of public instruction, and through 
the presentation of high-class performances, historical and 
allegorical in their nature, the people are taught patriotism 
and acquire an appreciation of art. 



154 THE GOVERNMENT OF IOWA. 

QUESTIONS ON THE TEXT. 

i . Where did the school system of Iowa take its origin ? 

2. What encouragement to education in Iowa was given by the 
Federal government ? 

3. What criticism may be passed upon the disposition of the school 
lands in Iowa ? 

4. How does a school township differ from an independent district? 

5. What criticism may be passed upon the present school system of 
Iowa? 

6. What relation does education bear to good citizenship? 

7. What provisions have been made in Iowa for the training of 
teachers ? 

8. What is the value of agricultural education ? 

9. Name other educational agencies besides schools. 



CHAPTER XX. 
SOCIAL AND ECONOMIC LEGISLATION. 

Our Complex Society. — In less than three-quarters of a 
century Iowa has been changed from a prairie wilderness 
to the home of a highly complex social organism. It has 
passed through the fur trading stage to the industrial 
stage. Many distinct interests are represented in our 
population, each seeking to promote its own welfare through 
legislation. To regulate these various and conflicting 
interests has become the most important and the most 
difficult task of the General Assembly. 

Corporations. — Iowa is now covered by a network of 
railroads. Thousands of factory chimneys pour forth their 
black smoke over our once fair prairies. Nearly every 
town has one or more banks which receive deposits and 
make loans. Telegraph and telephone poles and express 
wagons are visible evidences of the great business interests 
which are in our midst. Our busy streets are closely built 
with business houses. Mines and quarries are yielding up 
their buried treasures. Nearly all of these enterprises are 
now conducted by corporations organized under authority 
of law and endowed with special privileges and immunities 
which the individual does not enjoy. To control these 

'55 



156 THE GOVERNMENT OF IOWA. 

corporations, to keep them from becoming oppressive 
monopolies, to compel them to render an adequate service 
upon equal terms to all, to compel them to pay their just 
share of taxation, and to prevent them from corrupting 
the whole administration of government for private gain 
has been the great problem of the modern State. 

Labor Legislation. — In order to encourage business 
enterprises, the State at first took a very liberal attitude 
toward business corporations, and few restrictions of any 
kind were placed upon their activities. The industrial era, 
however, has developed a new class in society — the work- 
ing class — who have found their chief means of resisting 
what they term the excessive and unreasonable demands 
of capital in banding themselves together into close organi- 
zations called unions. 

Through the efforts of these labor organizations the 
laboring class has succeeded in getting the State to recog- 
nize in the law many of the demands of labor. Thus there 
is legislation determining the hours of labor and the age 
at which children may be employed ; there is legislation 
relative to the employment of women in factories ; there 
is legislation securing safety and sanitary conditions to the 
workers in factories ; and gradually there has come a 
recognition of the fact that industry must pay for the 
maimed bodies and lost lives of its workers as it pays for 
discarded and worn-out machinery. 

Violence and disorder are never tolerated in an orderly 
society ; yet men have sometimes resorted to both violence 
and disorder to force concession from the unwilling hands 



SOCIAL AND ECONOMIC LEGISLATION. 157 

of employers. In order to prevent strikes or to quickly 
bring labor and capital to a friendly understanding, some 
States have established boards of arbitration and concilia- 
tion, by which industrial disputes have been successfully 
adjusted. 

Public Health. — With the complete freedom of move- 
ment which we enjoy, with the crowding of people in cities, 
and with the development of easy and rapid means of 
transportation the protection of public health has neces- 
sarily received much attention from our lawmakers in 
recent years. Medical science has shown that contagious 
disease readily becomes epidemic if proper precautions are 
not taken. The State has kept pace with science by re- 
quiring vaccination and quarantine to prevent the spread 
of certain diseases. Science analyzes the food we eat, the 
milk and water we drink, and the drugs we take; while 
the legislature promptly enacts appropriate laws for the 
protection and preservation of our health. 

It is in the interests of public health and safety that the 
erection of buildings, the construction of stairways and 
fire-escapes, and the swinging of doors on public buildings 
are now regulated by law. In like manner laws regulating 
light, ventilation, and sanitation in public buildings safe- 
guard our health. In the interest of public health " the 
emission of dense smoke " was prohibited by law in 191 1 
in cities of over 65,000 inhabitants. It is in the interests 
of public health that the streets in the larger cities are 
paved. Sewerage systems are built, garbage is collected, 
streets and alleys are cleaned because it is now a well 



158 THE GOVERNMENT OF IOWA, 

recognized fact that dirt and foul air are two of the most 
active promoters of disease. 

Many of the laws made by the State in the interest of 
public health are enforced by the local communities. 
Thus, the Township Trustees constitute a board of health 
for the township ; the city Council acts as a board of 
health for the city, and employs a special health officer. 
The State Board of Health, moreover, has general super- 
vision of the lives and health of the people of the State, 
and is authorized to make rules and regulations as to in- 
spection of public health which have the same force as laws. 

Public Charities. — There are two classes of unfortunates 
in society — the defective and the dependent. The State 
takes care of both, partly to protect society and partly 
because we dislike to see any one suffer or remain in want. 
Thus the insane, the idiotic, the feeble-minded, and the 
inebriate are housed and given scientific and humane 
treatment by the State. The deaf and the blind are edu- 
cated by the State and made useful members of society in 
spite of their misfortune. 

The dependent class includes poor, orphan, and outcast 
children. The State takes charge of the orphans and the 
outcast children, while the poor are cared for in a home 
maintained by the County, or are granted supplies or 
other aid from time to time by the Township Trustees or 
by an official appointed for cities by the Board of Super- 
visors known as Overseer of the Poor. In addition to these 
public means of caring for the poor, many charitable 
societies and individuals afford aid. 



SOCIAL AND ECONOMIC LEGISLATION. 159 

The greatest problem in giving to the poor is to be able 
to discriminate the worthy poor from the impostors. It 
sometimes happens that persons who have been the re- 
cipients of public aid for many years die leaving a con- 
siderable bank account. Indiscriminate giving encourages 
pauperism and promotes the idea that the world owes one 
a living. The County poorhouses, moreover, have often 
been mismanaged and the unfortunate inmates have been 
cruelly treated. The system of returning to the County 
poorhouses the incurable insane has made the ordinary 
County house anything but a pleasant place of abode. 

Crime, Punishment, Correction. — Obedience to law is 
the first requisite of good citizenship. When laws are 
broken, some form of punishment must follow or there will 
soon be no respect for the law. Lawful punishments are of 
three kinds : (1) fines, that is, the payment of certain sums 
of money for the violation of law ; (2) imprisonment, which 
varies according to the offence from a few days to a life 
sentence; and (3) the death penalty, which is inflicted 
sometimes as a punishment for murder. 

Of these three kinds of punishment the State of Iowa, 
as well as other States, has been most interested in the 
imprisoned offender, and much legislation has been enacted 
looking toward his reformation. To-day we insist that a 
prisoner has a right to safe and sanitary surroundings, to 
wholesome food, and to influences that may show him the 
error of his ways and teach him to become a good citizen. 
For first offenders an indeterminate sentence is pronounced, 
by which the term of imprisonment may be shortened by 



160 THE GOVERNMENT OF IOWA. 

good behavior. In such cases release on parole is granted, 
subject to reimprisonment if the conditions of the parole 
are violated. 

The State has provided correctional schools for wayward 
boys and girls who are without parents or whose parents 
cannot control them. These correctional schools provide 
a system of industrial education ; and when the boys and 
girls are released, they are aided in securing honest employ- 
ment and are encouraged to become useful members of 
society. 

Fire Protection. — One of the great calamities which 
may at any time overtake a community is destruction by 
fire. And so, the State gives to every community the 
right to take proper precautions to prevent fires. The 
smaller communities can hardly afford to do much more 
than purchase a number of buckets and a few ladders 
which may be used by any one in case of fire. The larger 
communities usually have volunteer fire companies which 
use apparatus owned by the community. In the large 
cities there is usually a highly trained and efficient force of 
fire fighters, receiving compensation from the city. 

State Fire Marshal. — Fire not only destroys much 
property, but frequently causes loss of life. In order to 
gain a better knowledge of the causes of fires and the means 
of preventing them, the General Assembly, in 191 1, created 
the office of State Fire Marshal. This official may appoint 
a deputy and inspectors who are authorized to enter and 
inspect buildings for the purpose of determining whether 
they are especially liable to fire or are so situated as to 



SOCIAL AND ECONOMIC LEGISLATION. l6l 

endanger other buildings. The State Fire Marshal is 
required to keep a record of all fires occurring in the State, 
showing the value of the property destroyed, the amount 
of insurance thereon, and the amount actually collected, 
together with the origin or cause of the fire as ascertained. 
The State Fire Marshal or his deputies are directed to 
require all teachers in buildings of more than one story to 
conduct at least one fire drill each month, and to keep all 
doors unlocked during school hours. 

The Highways. — To provide an easy and convenient 
means of transit from one place to another was one of the 
earliest functions of government. Military roads were 
first built to facilitate the transportation of troops. Private 
companies sometimes built turnpikes or toll roads ; but as 
the Congressional survey provided for roads along the 
section lines, no important system of private or toll roads 
was ever constructed in Iowa. 

As Iowa has become a well settled country, the old and 
wasteful methods of caring for the public highways are 
about to be abandoned. Heavy traffic and the common 
use of the automobile have created a demand for the ade- 
quate and permanent improvement of the public highways. 
The townships and counties having shown their inability 
to solve the problem of good roads, an appeal has been 
made to the State to take up this function. We already 
have a State Highway Commission, but at present its 
functions are largely confined to giving information to 
local highway officials. Good roads are an economic neces- 
sity. Indeed, it has been demonstrated that the same 



162 THE GOVERNMENT OF IOWA. 

force which is required to draw a ton over a muddy road 
will draw four tons upon a well constructed hard road. 

The Preservation of Natural Resources. — The pioneers 
used lavishly the bountiful resources of the State, ap- 
parently with little heed for the future. The present 
generation, however, is trying by legislation to protect and 
restore some of the natural resources of the commonwealth. 
The rapid disappearance of the forests has prompted the 
legislature to pass laws for the encouragement of planting 
forest trees. Much legislation has been enacted for the 
protection and propagation of birds, fish, and game. To 
re-stock our depleted coverts, many English pheasants and 
Hungarian partridges have recently been turned loose in 
different parts of the State under the direction of the Fish 
and Game Warden. 

Legislation Relative to Morals. — We boast of our great 
liberty, and yet the State controls our actions in many 
ways. Iowa has many laws governing conduct, some of 
which are " more honored in the breach than in the observ- 
ance," because public opinion does not demand their en- 
forcement. In fact it is very difficult in a country like 
ours to enforce any law which does not have the support of 
public sentiment. 

The Code of Iowa declares certain kinds of actions or 
conduct to be illegal at certain times only, while others are 
declared to be illegal at any time. Thus the law declares 
that no one shall carry firearms, hunt, shoot, dance, play 
ball, race horses, buy or sell property of any kind, or per- 
form any labor except that of necessity or charity upon the 



SOCIAL AND ECONOMIC LEGISLATION. 163 

Sabbath day. In like manner, ball games, horse-racing, and 
other sports are prohibited before 3 p.m. on Memorial Day. 

Of the activities absolutely prohibited prize fighting, 
lotteries, betting, gambling, and vices of all kinds may be 
mentioned. A few years ago the legislature prohibited the 
organization of fraternities or secret societies in the public 
schools because they were deemed undemocratic and 
detrimental to the moral training of the youth. Minors 
are not allowed to patronize pool halls, saloons, and cigarette 
stands. 

In regard to the liquor traffic Iowa seems to have tried 
everything from wide-open saloons to complete prohibition. 
The present tendency is toward greater restriction of the 
liquor traffic by additional legislation and the refusal of 
the people in the counties and cities to give their consent 
to the presence of saloons. 

The Police Force and the Militia. — To preserve order, 
to arrest offenders, and to enforce the multitude of laws 
upon our statute books requires a large number of officials 
in whom special authority has been vested. In the study 
of local government we have already noted that the town- 
ship has its two Constables, but they are seldom equal to 
an emergency. The County Sheriff acts largely under the 
orders of the District Court or County Attorney. 

In our towns and cities reliance is ordinarily placed in a 
different group of peace officers. Thus, our towns have 
their Marshal and Deputy Marshal, frequently very 
inefficient officials. Cities of the second class have a 
Marshal, Deputy Marshal, and usually two or more 



1 64 THE GOVERNMENT OF IOWA. 

Policemen; while in the larger cities the police force be- 
comes a rather numerous body organized on a semimilitary 
basis. 

Ordinarily public order is fairly well preserved through 
the local officials, who bring offenders before the courts 
where they are tried and sentenced. But in case of mob 
violence, riot, insurrection, or other great disturbances the 
court processes practically stand still. In such cases 
masses bent upon public disturbance or the overthrowing 
of the constituted authorities of government must be met 
by masses representing the authority of government. 
Thus, when the Mayor finds that his police force cannot 
cope with a public disturbance, he may call upon the Sheriff 
of the county who may swear in additional deputies or 
call out the posse comitatus. When the Sheriff can no 
longer handle the situation, he appeals to the Governor as 
commander-in-chief of the State militia forces; and the 
Governor may order out as many companies of militia as 
he deems sufficient to restore and preserve public peace and 
order. 

Back of all of these representatives of public authority 
stand the people of the State who, if they wish to see public 
order preserved and the welfare of the State promoted, 
must themselves be obedient to the laws and work un- 
ceasingly for the selection of honest and efficient public 
servants and the promotion of the general welfare. 

QUESTIONS ON THE TEXT. 

i. Why does the State undertake to regulate and control corpora- 
tions and other business agencies? 



SOCIAL AND ECONOMIC LEGISLATION. 165 

2. Is it proper to regulate by law the hours of labor, if men are will- 
ing to work longer hours for increased pay ? 

3. If a laborer is injured in his employment should his employer 
pay for the injury the same as he would for a broken machine ? 

4. What actions are performed in the interests of public health? 

5. How could the health of your community be improved through 
governmental agencies ? 

6. Why is the giving of aid to the poor a difficult problem? 

7. What attitude should society take toward one who has committed 
a crime ? 

8. How does the State undertake to regulate conduct in the interest 
of public morals ? 

9. Upon whom does the responsibility for good government rest — 
upon the police and militia or upon the people of the State? 



APPENDIX. 

THE CONSTITUTION OF IOWA. 



PREAMBLE. 

ARTICLE I. BILL OF RIGHTS. 
ARTICLE II. RIGHTS OF SUFFRAGE. 

ARTICLE III. OF THE DISTRIBUTION OF POWERS. LEG- 
ISLATIVE DEPARTMENT. 
ARTICLE IV. EXECUTIVE DEPARTMENT. 
ARTICLE V. JUDICIAL DEPARTMENT. 
ARTICLE VI. MILITIA. 
ARTICLE VII. STATE DEBTS. 
ARTICLE VIII. CORPORATIONS. 
ARTICLE IX. EDUCATION AND SCHOOL LANDS. 
ARTICLE X. AMENDMENTS TO THE CONSTITUTION. 
ARTICLE XL MISCELLANEOUS. 
ARTICLE XII. SCHEDULE. 

PREAMBLE. 

We, the People of the State of Iowa, grateful to the Supreme Being 
for the blessings hitherto enjoyed, and feeling our dependence on 
Him for a continuation of those blessings, do ordain and establish a 
free and independent government, by the name of the State of Iowa, 
the boundaries whereof shall be as follows : 

Boundaries. Beginning in the middle of the main channel of the 
Mississippi river, at a point due east of the middle of the mouth of 
the main channel of the Des Moines river; thence up the middle of 
the main channel of the said Des Moines river, to a point on said 
river where the northern boundary line of the state of Missouri — as 
established by the constitution of that state, adopted June 12th, 1820 

167 



168 THE GOVERNMENT OF IOWA. 

— crosses the said middle of the main channel of the said Des Moines 
river ; thence westwardly along the said northern boundary line of 
the state of Missouri, as established at the time aforesaid, until 
an extension of said line intersects the middle of the main channel of 
the Missouri river ; thence up the middle of the main channel of the 
said Missouri river to a point opposite the middle of the main channel 
of the Big Sioux river, according to Nicollett's map ; thence up the 
main channel of the said Big Sioux river, according to the said map, 
until it is intersected by the parallel of forty-three degrees and thirty 
minutes north latitude ; thence east along said parallel of forty-three 
degrees and thirty minutes, until said parallel intersects the middle 
of the main channel of the Mississippi river ; thence down the middle 
of the main channel of the said Mississippi river to the place of 
beginning. 

ARTICLE I. — BILL OF RIGHTS. 

Rights of persons. Section i. All men are, by nature, free and 
equal, and have certain inalienable rights, among which are those of 
enjoying and defending life and liberty, acquiring, possessing, and 
protecting property, and pursuing and obtaining safety and happiness. 

Political power. Sec. 2. All political power is inherent in the 
people. Government is instituted for the protection, security, and 
benefit of the people, and they have the right, at all times, to alter or 
reform the same, whenever the public good may require it. 

Religion. Sec. 3. The general assembly shall make no law re- 
specting an establishment of religion, or prohibiting the free exercise 
thereof; nor shall any person be compelled to attend any place of 
worship, pay tithes, taxes, or other rates, for building or repairing 
places of worship, or the maintenance of any minister or ministry. 

Religious test. Sec. 4. No religious test shall be required as a 
qualification for any office of public trust, and no person shall be de- 
prived of any of his rights, privileges, or capacities, or disqualified 
from the performance of any of his public or private duties, or rendered 
incompetent to give evidence in any court of law or equity, in con- 
sequence of his opinions on the subject of religion ; and any party to 
any judicial proceeding shall have the right to use as a witness, or 



APPENDIX. 169 

take the testimony of, any other person, not disqualified on account of 
interest, who may be cognizant of any fact material to the case; 
and parties to suits may be witnesses, as provided by law. 

Dueling. Sec. 5. Any citizen of this state who may hereafter be 
engaged, either directly or indirectly, in a duel, either as principal or 
accessory before the fact, shall forever be disqualified from holding 
any office under the constitution and laws of this state. 

Laws uniform. Sec. 6. All laws of a general nature shall have a 
uniform operation ; the general assembly shall not grant to any citizen 
or class of citizens, privileges or immunities, which upon the same 
terms shall not equally belong to all citizens. 

Liberty of speech and the press. Sec. 7. Every person may 
speak, write and publish his sentiments on all subjects, being re- 
sponsible for the abuse of that right. No law shall be passed to 
restrain or abridge the liberty of speech, or of the press. In all prose- 
cutions or indictments for libel, the truth may be given in evidence to 
the jury, and if it appear to the jury that the matter charged as libelous 
was true, and was published with good motives and for justifiable 
ends, the party shall be acquitted. 

Personal security. Sec. 8. The right of the people to be secure 
in their persons, houses, papers, and effects, against unreasonable 
seizures and searches, shall not be violated ; and no warrant shall issue 
but on probable cause, supported by oath or affirmation, particularly 
describing the place to be searched, and the persons and things to 
be seized. 

Trial by jury ; due process of law. Sec. 9. The right of trial by 
jury shall remain inviolate ; but the general assembly may authorize 
trial by a jury of a less number than twelve men in inferior courts ; 
but no person shall be deprived of life, liberty, or property, without 
due process of law. 

Rights of persons accused. Sec. 10. In all criminal prosecutions, 
and in cases involving the life or liberty of an individual, the accused 
shall have a right to a speedy and public trial by an impartial jury ; to 
be informed of the accusation against him ; to have a copy of the same 
when demanded ; to be confronted with the witnesses against him ; to 



170 THE GOVERNMENT OF IOWA. 

have compulsory process for his witnesses ; and to have the assistance 
of counsel. 

When indictment necessary. Sec. n. All offenses less than 
felony, and in which the punishment does not exceed a fine of one 
hundred dollars, or imprisonment for thirty days, shall be tried sum- 
marily before a justice of the peace, or other officer authorized by law, 
on information under oath, without indictment, or the intervention 
of a grand jury, saving to the defendant the right of appeal ; and no 
person shall be held to answer for any higher criminal offense, unless 
on presentment or indictment by a grand jury, except in cases arising 
in the army or navy, or in the militia, when in actual service, in time 
of war or public danger. 

Twice tried; bail. Sec. 12. No person shall, after acquittal, be 
tried for the same offense. All persons shall, before conviction, be 
bailable by sufficient sureties, except for capital offenses, where the 
proof is evident, or the presumption great. 

Habeas Corpus. Sec. 13. The writ of habeas corpus shall not be 
suspended or refused when application is made as required by law, 
unless, in case of rebellion or invasion, the public safety may require it. 

Military. Sec. 14. The military shall be subordinate to the civil 
power. No standing army shall be kept up by the state in time of 
peace; and in time of war no appropriation for a standing army shall 
be for a longer time than two years. 

Quartering soldiers. Sec. 15. No soldier shall, in time of peace, be 
quartered in any house without the consent of the owner, nor in time 
of war except in the manner prescribed by law. 

Treason. Sec. 16. Treason against the state shall consist only in 
levying war against it, adhering to its enemies, or giving them aid and 
comfort. No person shall be convicted of treason, unless on the evi- 
dence of two witnesses to the same overt act, or confession in open 
court. 

Bail; punishments. Sec. 17. Excessive bail shall not be required ; 
excessive fines shall not be imposed, and cruel and unusual punishment 
shall not be inflicted. 



APPENDIX. 171 

Eminent domain. Sec. 18. Private property shall not be taken for 
public use without just compensation first being made, or secured to 
be made, to the owner thereof, as soon as the damages shall be assessed 
by a jury, who shall not take into consideration any advantages that 
may result to said owner on account of the improvement for which it 
is taken. 

The general assembly, however, may pass laws permitting the 
owners of lands to construct drains, ditches, and levees for agricultural, 
sanitary or mining purposes across the lands of others, and provide for 
the organization of drainage districts, vest the proper authorities with 
power to construct and maintain levees, drains, and ditches and to keep 
in repair all drains, ditches and levees heretofore constructed under 
the laws of the state, by special assessments upon the property bene- 
fited thereby. The general assembly may provide by law for the con- 
demnation of such real estate as shall be necessary for the construction 
and maintenance of such drains, ditches and levees, and prescribe the 
method of making such condemnation. 

[By proper action of the legislature (31 G. A., joint resolution No. 1 
and 32 G. A., joint resolution No. 2) the foregoing paragraph was sub- 
mitted to vote of the electors at the general election of 1908, and was 
by them adopted.] 

Imprisonment for debt. Sec. 19. No persons shall be imprisoned 
for debt in any civil action, on mesne or final process, unless in case of 
fraud ; and no person shall be imprisoned for a military fine in time 
of peace. 

Petition. Sec. 20. The people have the r ight freely to assemble 
together to counsel for the common good ; to make known their opin- 
ions to their representatives, and to petition for a redress of grievances. 

Attainder; ex post facto law ; obligation of contract. Sec. 21. No 
bill of attainder, ex post facto law, or law impairing the obligation of 
contracts, shall ever be passed. 

Resident aliens. Sec. 22. Foreigners who are, or may hereafter be- 
come residents of this state, shall enjoy the same rights in respect to 
the possession, enjoyment, and descent of property, as native-born 
citizens. 



l?2 THE GOVERNMENT OF IOWA. 

Slavery. Sec. 23. There shall be no slavery in this state; nor 
shall there be involuntary servitude, unless for the punishment of 
crime. 

Reservation of rents. Sec. 24. No lease or grant of agricultural 
lands, reserving any rent or service of any kind, shall be valid for a 
longer period than twenty years. 

Rights retained. Sec. 25. This enumeration of rights shall not be 
construed to impair or deny others, retained by the people. 

Intoxicating liquors. (Sec. 26. No person shall manufacture for 
sale, or sell, or keep for sale, as a beverage any intoxicating liquors 
whatever, including ale, wine and beer. The general assembly 
shall by law prescribe regulations for the enforcement of the pro- 
hibition herein contained, and shall thereby provide suitable penalties 
for the violation of the provisions hereof.) 

[The foregoing amendment was adopted at a special election held 
on June 27, 1882. The supreme court, April 21, 1883, in the case of 
Koehler and Lange vs. Hill, and reported in 60th Iowa, page 543, held 
that owing to certain irregularities the same was not legally submitted 
to the electors, and did not become a part of the constitution.] 

ARTICLE II. — RIGHTS OF SUFFRAGE. 

Electors. Section 1. Every male citizen of the United States, of the 
age of twenty-one years, who shall have been a resident of this state 
six months next preceding the election, and of the county in which he 
claims his vote, sixty days, shall be entitled to vote at all elections 
which are now or hereafter may be authorized by law. 

[By proper legislative action (n G. A., chap. 98 ; and 12 G. A., joint 
res. No. XI) a proposed amendment, striking the word "white" from 
this section as it originally stood, was submitted to the electors at the 
general election in 1868 and adopted.] 

Privileged from arrest. Sec. 2. Electors shall, in all cases except 
treason, felony, or breach of the peace, be privileged from arrest on the 
days of election, during their attendance at such elections, going to 
and returning therefrom. 



APPENDIX. 173 

From military duty. Sec. 3. No elector shall be obliged to per- 
form military duty on the day of election, except in time of war or 
public danger. 

Persons in military service. Sec. 4. No person in the military, 
naval, or marine service of the United States shall be considered a 
resident of this state by being stationed in any garrison, barrack, or 
military or naval place or station within this state. 

Insane. Sec. 5. No idiot or insane persons, or person convicted of 
any infamous crime, shall be entitled to the privilege of an elector. 

Ballot. Sec. 6. All elections by the people shall be by ballot. 

General election. Sec. 7. The general election for state, district, 
county and township officers shall be held on the Tuesday next after 
the first Monday in November. 

[By proper action of the legislature (19 G. A., joint res. No. 12, and 
20 G. A., joint res. No. 13) the foregoing section was submitted to vote 
of the electors at the general election in 1884, and by them adopted.] 

ARTICLE III. — OF THE DISTRIBUTION OF POWERS. 

Departments of government. Section 1. The powers of the gov- 
ernment of Iowa shall be divided into three separate departments : 
The legislative, the executive and the judicial ; and no person charged 
with the exercise of powers properly belonging to one of these depart- 
ments shall exercise any function appertaining to either of the others, 
except in cases hereinafter expressly directed or permitted. 

LEGISLATIVE DEPARTMENT. 

General assembly. Section 1. The legislative authority of this 
state shall be vested in a general assembly, which shall consist of a 
senate and house of representatives ; and the style of every law shall be 
— " Be it enacted by the General Assembly of the State of Iowa." 

Sessions. Sec 2. The sessions of the general assembly shall be 
biennial, and shall commence on the second Monday in January next 
ensuing the election of its members ; unless the governor of the state 
shall, in the meantime, convene the general assembly by proclamation. 



174 THE GOVERNMENT OF IOWA. 

Representatives. Sec. 3. The members of the house of representa- 
tives shall be chosen every second year, by the qualified electors of 
their respective districts, on the second Tuesday in October, except the 
years of the presidential election, when the election shall be on the 
Tuesday next after the first Monday in November, and their term of 
office shall commence on the first day of January next after their 
election, and continue two years, and until their successors are elected 
and qualified. 

[By the amendment (Sec. 7) inserted at the end of article 2 the 
election now occurs uniformly in November.] 

Eligibility. Sec. 4. No person shall be a member of the house of 
representatives who shall not have attained the age of twenty-one 
years ; be a male citizen of the United States, and shall have been an 
inhabitant of this state one year next preceding his election, and at 
the time of his election shall have had an actual residence of sixty days 
in the county or district he may have been chosen to represent. 

[By an amendment to the constitution properly proposed (17 G. A., 
joint res. No. 5 ; 18 G. A., joint res. No. 6), and adopted by vote of 
the electors at the general election in 1880, the words " free white " 
were stricken from the second line of this section.] 

Senators. Sec. 5. Senators shall be chosen for the term of four 
years, at the same time and place as representatives ; they shall be 
twenty-five years of age, and possess the qualifications of representa- 
tives as to residence and citizenship. 

Number and classification. Sec. 6. The number of senators shall 
not be less than one-third nor more than one-half the representative 
body ; and shall be so classified by lot that one class, being as nearly 
one-half as possible, shall be elected every two years. When the 
number of senators is increased, they shall be annexed by lot to one 
or the other of the two classes, so as to keep them as nearly equal in 
numbers as practicable. 

Elections determined. Sec. 7. Each house shall choose its own 
officers, and judge of the qualification, election, and return of its own 
members. A contested election shall be determined in such manner 
as shall be directed by law. 



APPENDIX. 175 

Quorum. Sec. 8. A majority of each house shall constitute a 
quorum to transact business ; but a smaller number may adjourn from 
day to day, and may compel the attendance of absent members in such 
manner and under such penalties as each house may provide. 

Authority of the houses. Sec. 9. . Each house shall sit upon its own 
adjournments, keep a journal of its proceedings, and publish the same ; 
determine its rules of proceedings, punish members for disorderly 
behavior, and with the consent of two-thirds, expel a member, but not 
a second time for the same offense ; and shall have all other powers 
necessary for a branch of the general assembly of a free and independ- 
ent state. 

Protest. Sec. 10. Every member of the general assembly shall 
have the liberty to dissent from or protest against any act or reso- 
lution which he may think injurious to the public or an individual, 
and have the reasons for his dissent entered on the journals ; and the 
yeas and nays of the members of either house, on any question, shall, 
at the desire of any two members present, be entered on the journals. 

Privilege. Sec. n. Senators and representatives, in all cases 
except treason, felony, or breach of the peace, shall be privileged from 
arrest during the session of the general assembly, and in going to or 
returning from the same. 

Vacancies. Sec. 12. When vacancies occur in either house, the 
governor, or the person exercising the functions of governor, shall issue 
writs of election to fill such vacancies. 

Doors open. Sec. 13. The doors of each house shall be open, ex- 
cept on such occasions as, in the opinion of the house, may require 
secrecy. 

Adjournments. Sec. 14. Neither house shall, without the consent 
of the other, adjourn for more than three days, nor to any other place 
than that in which they may be sitting. 

Bills. Sec. 15. Bills may originate in either house, and may be 
amended, altered, or rejected by the other; and every bill having 
passed both houses, shall be signed by the speaker and president of 
their respective houses. 



176 THE GOVERNMENT OF IOWA. 

Approval. Sec. 16. Every bill which shall have passed the general 
assembly, shall, before it becomes a law, be presented to the governor. 
If he approve, he shall sign it ; but if not, he shall return it, with his 
objections, to the house in which it originated, which shall enter the 
same upon their journal, and proceed to reconsider it; if, after such 
reconsideration, it again pass both houses, by yeas and nays, by a 
majority of two-thirds of the members of each house, it shall become 
a law, notwithstanding the governor's objections. If any bill shall 
not be returned within three days after it shall have been presented 
to him (Sunday excepted), the same shall be a law in like manner as 
if he had signed it, unless the general assembly, by adjournment, 
prevent such return. Any bill submitted to the governor for his 
approval during the last three days of a session of the general assem- 
bly, shall be deposited by him in the office of the secretary of state 
within thirty days after the adjournment, with his approval, if ap- 
proved by him, and with his objections, if he disapproves thereof. 

Majority vote. Sec. 17. No bill shall be passed unless by the 
assent of a majority of all the members elected to each branch of the 
general assembly, and the question upon the final passage shall be 
taken immediately upon its last reading, and the yeas and nays 
entered on the journal. 

Receipts and expenditures. Sec. 18. An accurate statement of the 
receipts and expenditures of the public money shall be attached to 
and published with the laws at every regular session of the general 
assembly. 

Impeachment. Sec. 19. The house of representatives shall have 
the sole power of impeachment, and all impeachments shall be tried 
by the senate. When sitting for that purpose, the senators shall be 
upon oath or affirmation ; and no person shall be convicted without 
the concurrence of two-thirds of the members present. 

Who liable to ; judgment. Sec. 20. The governor, judges of the 
supreme and district courts, and other state officers, shall be liable to 
impeachment for any misdemeanor or malfeasance in office; but 
judgment in such cases shall extend only to removal from office, and 
disqualification to hold any office of honor, trust, or profit under this 
state; but the party convicted or acquitted shall nevertheless be 



APPENDIX. 177 

liable to indictment, trial, and punishment according to law. All 
other civil officers shall be tried for misdemeanors and malfeasance in 
office, in such manner as the general assembly may provide. 

Members not appointed to office. Sec. 21. No senator or repre- 
sentative shall, during the time for which he shall have been elected, 
be appointed to any civil office of profit under this state, which shall 
have been created, or the emoluments of which shall have been in- 
creased during such term, except such offices as may be filled by 
elections by the people. 

Disqualification. Sec. 22. No person holding any lucrative office 
under the United States, or this state, or any other power, shall be 
eligible to hold a seat in the general assembly. But offices in the 
militia, to which there is attached no annual salary, or the office of 
justice of the peace, or postmaster, whose compensation does not 
exceed one hundred dollars per annum, or notary public, shall not be 
deemed lucrative. 

Failure to account. Sec. 23. No person who may hereafter be a 
collector or holder of public moneys, shall have a seat in either house 
of the general assembly, or be eligible to hold any office of trust or 
profit in this state, until he shall have accounted for and paid into 
the treasury all sums for which he may be liable. 

Money drawn. Sec. 24. No money shall be drawn from the 
treasury but in consequence of appropriations made by law. 

Compensation of members. Sec. 25. Each member of the first 
general assembly under this constitution shall receive three dollars 
per diem while in session; and the further sum of three dollars for 
every twenty miles traveled in going to and returning from the place 
where such session is held, by the nearest traveled route ; after which 
they shall receive such compensation as shall be fixed by law ; but no 
general assembly shall have the power to increase the compensation 
of its members. And when convened in extra session they shall receive 
the same mileage and per diem compensation as fixed by law for the 
regular session, and none other. 

Laws, when to take effect ; publication. Sec. 26. No law of the 
general assembly, passed at a regular session, of a public nature, shall 



178 THE GOVERNMENT OF IOWA. 

take effect until the fourth day of July next, after the passage thereof. 
Laws passed at a special session shall take effect ninety days after 
the adjournment of the general assembly by which they were passed. 
If the general assembly shall deem any law of immediate importance, 
they may provide that the same shall take effect by publication in 
newspapers in the state. 

Divorce. Sec. 27. No divorce shall be granted by the general 
assembly. 

Lotteries. Sec. 28. No lottery shall be authorized by this state ; 
nor shall the sale of lottery tickets be allowed. 

Acts; one subject; expressed in title. Sec. 29. Every act shall 
embrace but one subject, and matters properly connected therewith ; 
which subject shall be expressed in the title. But if any subject shall 
be embraced in an act which shall not be expressed in the title, such 
act shall be void only as to so much thereof as shall not be expressed 
in the title. 

Local or special laws. Sec. 30. The general assembly shall not pass 
local or special laws in the following cases : 

For the assessment and collection of taxes for state, county, or road 

purposes; 
For laying out, opening, and working roads or highways ; 
For changing the names of persons ; 
For. the incorporation of cities and towns ; 

For vacating roads, town plats, streets, alleys, or public squares ; 
For locating or changing county seats. 

Laws general and uniform; boundaries of counties. In all the 

cases above enumerated, and in all other cases where a general law 
can be made applicable, all laws shall be general, and of uniform 
operation throughout the state ; and no law changing the boundary 
lines of any county shall have effect until upon being submitted to 
the people of the counties affected by the change, at a general election, 
it shall be approved by a majority of the votes in each county, cast 
for and against it. 

Extra compensation. Sec. 31. No extra compensation shall be 
made to any officer, public agent, or contractor, after the service shall 



APPENDIX. I79 

have been rendered, or the contract entered into; nor shall any 
money be paid on any claim, the subject-matter of which shall not 
have been provided for by pre-existing laws, and no public money or 
property shall be appropriated for local or private purposes, unless 
such appropriation, compensation, or claim be allowed by two-thirds 
of the members elected to each branch of the general assembly. 

Oath of members. Sec. 32. Members of the general assembly shall, 
before they enter upon the duties of their respective offices, take and 
subscribe the following oath or affirmation : " I do solemnly swear 
(or affirm, as the case may be) , that I will support the constitution of 
the United States, and the constitution of the state of Iowa, and that 
I will faithfully discharge the duties of senator (or representative, as 
the case may be), according to the best of my ability." And members 
of the general assembly are hereby empowered to administer to each 
other the said oath or affirmation. 

Census. Sec. $5. The general assembly shall, in the years one 
thousand eight hundred and fifty-nine, one thousand eight hundred 
and sixty-three, one thousand eight hundred and sixty-five, one thou- 
sand eight hundred and sixty-seven, one thousand eight hundred and 
sixty-nine, and one thousand eight hundred and seventy-five, and 
every ten years thereafter, cause an enumeration to be made of all 
the inhabitants of the state. 

[By proper legislative action (11 G. A., chap. 98, and 12 G. A., joint 
res. No. XI), a proposed amendment striking the word " white " from 
this section, as it originally stood, was submitted to the electors at the 
general election of 1868 and adopted.] 

Apportionment. Sec. 34. The senate shall be composed of fifty 
members to be elected from the several senatorial districts, established 
by law and at the next session of the general assembly held following 
the taking of the state and national census, they shall be apportioned 
among the several counties or districts of the state, according to 
population as shown by the last preceding census. 

Districts. Sec. 35. The house of representatives shall consist of not 
more than one hundred and eight members. The ratio of representa- 
tion shall be determined by dividing the whole number of the popu- 
lation of the state as shown by the last preceding state or national 



l8o' THE GOVERNMENT OF IOWA. 

census, by the whole number of counties then existing or organized, 
but each county shall constitute one representative district and be 
entitled to one representative, but each county having a population 
in excess of the ratio number, as herein provided of three-fifths or 
more of such ratio number shall be entitled to one additional repre- 
sentative, but said addition shall extend only to the nine counties 
having the greatest population. 

Ratio of representation. Sec. 36. The general assembly shall, at 
the first regular session held following the adoption of this amend- 
ment, and at each succeeding regular session held next after the 
taking of such census, fix the ratio of representation, and apportion 
the additional representatives, as hereinbefore required. 

* [By proper legislative action (29 G. A., joint res. No. 2 and 30 
G. A., joint res. No. 2) a proposed amendment repealing sections 34, 
35 and 36 of Article III and adopting the three preceding sections in 
lieu thereof, was submitted to the electors at the general election in 
1904 and adopted. The three sections repealed were as follows : 

t " Apportionment. Sec. 34. The number of senators shall, at the 
next session following each period of making such enumeration, and 
the next session following each United States census, be fixed by law, 
and apportioned among the several counties according to the number 
of inhabitants in each. 

t " Districts. Sec. 35. The senate shall not consist of more than 
fifty members, nor the house of representatives of more than one 
hundred ; and they shall be apportioned among the several counties 
and representative districts of the state according to the number of 
inhabitants in each, upon ratios to be fixed by law ; but no represent- 
ative district shall contain more than four organized counties, and 
each district shall be entitled to at least one representative. Every 
county and district which shall have a number of inhabitants equal 
to one-half of the ratio fixed by law, shall be entitled to one represent- 
ative, and anyone county containing in addition to the ratio fixed 
by law one-half of that number, or more, shall be entitled to one 
additional representative. No floating district shall hereafter be 
formed. 



*The vote on the amendment was 171,382 for and 165,076 against its adoption. 
Practically the same amendment was, by proper legislative action (26 G. A., joint 
res. No. 9 and 27 G. A., joint res. No. 1) submitted to the electors at the general 
election in 1898 and was rejected, the vote being 33,872 for and 76,931 against its 
adoption. 

fBy proper legislative action (11 G. A., chap. 98 and 12 G. A. joint res. No. XI) 
a proposed amendment striking the word " white " from this section, as it originally 
stood, was submitted to the electors at the general election, in 1868 and adopted. 



APPENDIX. l8l 

" Ratio of representation. Sec. 36. At its first session under this 
constitution, and at every subsequent regular session, the general 
assembly shall fix the ratio of representation, and also form into 
representative districts those counties which will not be entitled singly 
to a representative."] 

Districts. Sec. $j. When a congressional, senatorial, or represent- 
ative district shall be composed of two or more counties, it shall not 
be entirely separated by any county belonging to another district; 
and no county shall be divided in forming a congressional, senatorial, 
or representative district. 

Elections by general assembly. Sec. 38. In all elections by the 
general assembly, the members thereof shall vote viva voce ; and the 
vote shall be entered on the journal. 

ARTICLE IV. — EXECUTIVE DEPARTMENT. 

Governor. Section 1. The supreme executive power of this state 
shall be vested in a chief magistrate, who shall be styled the governor 
of the state of Iowa. 

Election and term. Sec. 2. The governor shall be elected by the 
qualified electors at the time and place of voting for members of the 
general assembly, and shall hold his office two years from the time of 
his installation, and until his successor is elected and qualified. 

Lieutenant-governor; returns of elections. Sec. 3. There shall be 
a lieutenant-governor, who shall hold his office two years, and be 
elected at the same time as the governor. In voting for governor and 
lieutenant-governor, the electors shall designate for whom they vote 
as governor, and for whom as lieutenant-governor. The returns of 
every election for governor and lieutenant-governor, shall be sealed 
up and transmitted to the seat of government of the state, directed 
to the speaker of the house of representatives, who shall open and 
publish them in the presence of both houses of the general assembly. 

Election by general assembly. Sec. 4. The persons respectively 
having the highest number of votes, for governor and lieutenant- 
governor, shall be declared duly elected; but in case two or more 
persons shall have an equal, and the highest number of votes for either 
office, the general assembly shall, by joint vote, forthwith proceed to 



1 82 THE GOVERNMENT OF IOWA. 

elect one of said persons governor, or lieutenant-governor, as the case 
may be. 

Contested elections. Sec. 5. Contested elections for governor, or 
lieutenant-governor, shall be determined by the general assembly in 
such manner as may be prescribed by law. 

Eligibility. Sec. 6. No person shall be eligible to the office of gov- 
ernor, or lieutenant-governor, who shall not have been a citizen of 
the United States, and a resident of the state two years next preced- 
ing the election, and attained the age of thirty years at the time of 
said election. 

Commander-in-chief. Sec. 7. The governor shall be commander- 
in-chief of the militia, the army, and navy of this state. 

Duties. Sec. 8. He shall transact all executive business with the 
officers of government, civil and military, and may require information 
in writing from the officers of the executive department upon any 
subject relating to the duties of their respective offices. 

Execution of laws. Sec. 9. He shall take care that the laws are 
faithfully executed. 

Vacancies. Sec. 10. When any office shall, from any cause, become 
vacant, and no mode is provided by the constitution and laws for 
filling such vacancy, the governor shall have power to fill such vacancy, 
by granting a commission, which shall expire at the end of the next 
session of the general assembly, or at the next election by the people. 

Convening assembly. Sec. n. He may, on extraordinary occa- 
sions, convene the general assembly by proclamation, and shall state 
to both houses, when assembled, the purpose for which they shall 
have been convened. 

Message. Sec. 12. He shall communicate, by message, to the 
general assembly, at every regular session, the condition of the state, 
and recommend such matters as he shall deem expedient. 

Adjournment. Sec. 13. In case of disagreement between the two 
houses with respect to the time of adjournment, the governor shall 
have power to adjourn the general assembly to such time as he may 



APPENDIX. 183 

think proper; but no such adjournment shall be beyond the time 
fixed for the regular meeting of the next general assembly. 

Disqualification. Sec. 14. No person shall, while holding any office 
under the authority of the United States, or this state, execute the 
office of governor, or lieutenant-governor, except as hereinafter ex- 
pressly provided. 

Term; compensation of lieutenant-governor. Sec. 15. The official 
term of governor and lieutenant-governor, shall commence on the 
second Monday of January next after their election, and continue for 
two years, and until their successors are elected and qualified. The 
lieutenant-governor, while acting as governor, shall receive the same 
pay as provided for governor ; and while presiding in the senate, shall 
receive as compensation therefor, the same mileage and double the 
per diem pay provided for a senator, and none other. 

Pardons. Sec. 16. The governor shall have power to grant re- 
prieves, commutations and pardons, after conviction, for all offenses 
except treason and cases of impeachment, subject to such regulations 
as may be provided by law. Upon conviction for treason, he shall 
have power to suspend the execution of the sentence until the case 
shall be reported to the general assembly at its next meeting, when 
the general assembly shall either grant a pardon, commute the sen- 
tence, direct the execution of the sentence, or grant a further reprieve. 
He shall have power to remit fines and forfeitures, under such regu- 
lations as may be prescribed by law ; and shall report to the general 
assembly, at its next meeting, each case of reprieve, commutation, or 
pardon granted, and the reasons therefor; and also all persons in 
whose favor remission of fines and forfeitures shall have been made, 
and the several amounts remitted. 

Lieutenant-governor to act as governor. Sec. 17. In case of the 
death, impeachment, resignation, removal from office, or other dis- 
ability of the governor, the powers and duties of the office for the 
residue of the term, or until he shall be acquitted, or the disability 
removed, shall devolve upon the lieutenant-governor. 

President of senate. Sec. 18. The lieutenant-governor shall be 
president of the senate, but shall only vote when the senate is equally 



1 84 THE GOVERNMENT OF IOWA. 

divided; and in case of his absence, or impeachment, or when he 
shall exercise the office of governor, the senate shall choose a president 
pro tempore. 

Vacancies. Sec. 19. If the lieutenant-governor, while acting as 
governor, shall be impeached, displaced, resign, or die, or otherwise 
become incapable of performing the duties of the office, the president 
pro tempore of the senate shall act as governor until the vacancy is 
filled, or the disability removed ; and if the president of the senate, 
for any of the above causes, shall be rendered incapable of performing 
the duties pertaining to the office of governor, the same shall devolve 
upon the speaker of the house of representatives. 

Seal of state. Sec. 20. There shall be a seal of this state, which 
shall be kept by the governor, and used by him officially, and shall be 
called the great seal of the state of Iowa. 

Grants and commissions. Sec. 21. All grants, and commissions 
shall be in the name and by the authority of the people of the state 
of Iowa, sealed with the great seal of the state, signed by the governor, 
and countersigned by the secretary of state. 

Secretary, auditor and treasurer. Sec. 22. A secretary of state, 
auditor of state, and treasurer of state, shall be elected by the qualified 
electors, who shall continue in office two years, and until their suc- 
cessors are elected and qualified ; and perform such duties as may be 
required by law. 

ARTICLE V.— JUDICIAL DEPARTMENT. 

Courts. Section 1. The judicial power shall be vested in a supreme 
court, district court, and such other courts, inferior to the supreme 
court, as the general assembly may, from time to time, establish. 

Supreme court. Sec. 2. The supreme court shall consist of three 
judges, two of whom shall constitute a quorum to hold court. 

[As to the number of judges, see statutory provisions.] 

Judges elected. Sec. 3. The judges of the supreme court shall be 
elected by the qualified electors of the state, and shall hold their court 
at such time and place as the general assembly may prescribe. The 



APPENDIX, ig$ 

judges of the supreme court so elected, shall be classified so that one 
judge shall go out of office every two years ; and the judge holding 
the shortest term of office under such classification, shall be chiei 
justice of the court during his term, and so on in rotation. After the 
expiration of their terms of office, under such classification, the term 
of each judge of the supreme court shall be six years, and until his 
successor shall have been elected and qualified. The judges of the 
supreme court shall be ineligible to any other office in the state, 
during the term for which they shall have been elected. 

Jurisdiction. Sec. 4. The supreme court shall have appellate juris- 
diction only in cases in chancery, and shall constitute a court for the 
correction of errors at law, under such restrictions as the general 
assembly may by law prescribe ; and shall have power to issue all 
writs and process necessary to secure justice to parties, and exercise 
a supervisory control over all inferior judicial tribunals throughout 
the state. 

District court and judge. Sec. 5. The district court shall consist of 
a single judge, who shall be elected by the qualified electors of the 
district in which he resides. The judge of the district court shall 
hold his office for the term of four years, and until his successor shall 
have been elected and qualified ; and shall be ineligible to any other 
office, except that of judge of the supreme court, during the term for 
which he was elected. 

Jurisdiction. Sec. 6. The district court shall be a court of law and 
equity, which shall be distinct and separate jurisdictions, and have 
jurisdiction in civil and criminal matters arising in their respective 
districts, in such manner as shall be prescribed by law. 

Conservators of the peace. Sec. 7. The judges of the supreme and 
district courts shall be conservators of the peace throughout the state. 

Style of process. Sec. 8. The style of all process shall be " The 
State of Iowa," and all prosecutions shall be conducted in the name 
and by the authority of the same. 

Salaries. Sec. 9. The salary of each judge of the supreme court 
shall be two thousand dollars per annum ; and that of each district 
judge one thousand six hundred dollars per annum, until the year 



186 THE GOVERNMENT OF IOWA. 

eighteen hundred and sixty; after which time they shall severally 
receive such compensation as the general assembly may, by law, 
prescribe ; which compensation shall not be increased or diminished 
during the term for which they shall have been elected. 

Judicial districts. Sec. 10. The state shall be divided into eleven 
judicial districts ; and after the year eighteen hundred and sixty, the 
general assembly may reorganize the judicial districts, and increase 
or diminish the number of districts, or the number of judges of the 
said court, and may increase the number of judges of the supreme 
court ; but such increase or diminution shall not be more than one 
district, or one judge of either court, at any one session; and no 
reorganization of the districts, or diminution of the judges, shall have 
the effect of removing a judge from office. Such reorganization of 
the districts, or any change in the boundaries thereof, or any increase 
or diminution of the number of judges, shall take place every four 
years thereafter, if necessary, and at no other time. 

[Amendment.] At any regular session of the general assembly, the 
state may be divided into the necessary judicial districts for district 
court purposes, or the said districts may be reorganized and the number 
of the districts and the judges of said courts increased or diminished ; 
but no reorganization of the districts or diminution of the judges shall 
have the effect of removing a judge from office. 

[By proper legislative action (19 G. A., joint res. No. 12 and 20 
G. A., joint res. No. 13) the foregoing was submitted to the electors at 
the general election in 1884 as a proposed amendment to the consti- 
tution, and was by them adopted.] 

When chosen. Sec. 11. The judges of the supreme and district 
courts shall be chosen at the general election ; and the term of office 
of each judge shall commence on the first day of January next after 
his election. 

Attorney-general. Sec. 12. The general assembly shall provide, by 
law, for the election of an attorney-general by the people, whose term of 
office shall be two years, and until his successor shall have been elected 
and qualified. 

County attorney. Sec. 13. The qualified electors of each county 
shall, at the general election in the year eighteen hundred and eighty- 



APPENDIX. 187 

six, and every two years thereafter elect a county attorney, who shall 
be a resident of the county for which he is elected, and shall hold his 
office for two years, and until his successor shall have been elected and 
qualified. 

[By proper legislative action (19 G. A., joint res. No. 12 and 20 
G. A., joint res. No. 13) a proposition to substitute the foregoing for the 
original section was submitted to the electors at the general election 
in 1884, and by them adopted.] The original section was as follows : 

Sec. 13. The qualified electors of each judicial district shall, at the 
time of the election of the district judge, elect a district attorney, who 
shall be a resident of the district for which he is elected, and who shall 
hold his office for the term of four years, and until his successor shall 
have been elected and qualified.] 

Carrying into effect. Sec. 14. It shall be the duty of the general 
assembly to provide for the carrying into effect of this article, and to 
provide for a general system of practice in all the courts of this state. 

The grand jury. Sec. 15. The grand jury may consist of any 
number of members not less than five, nor more than fifteen, as the 
general assembly may by law provide, or the general assembly may 
provide for holding persons to answer for any criminal offense without 
the intervention of the grand jury. 

[By proper legislative action (19 G. A., joint res. No. 12 and 20 G. A., 
joint resolution No. 13) the foregoing was submitted to the electors 
at the general election in 1884 as a proposed amendment to the con- 
stitution, and was by them adopted.] 



ARTICLE VI. — MILITIA. 

Who constitute. Section 1. The militia of the state shall be com- 
posed of all able-bodied male citizens, between the ages of eighteen and 
forty-five years, except such as are or may hereafter be exempt by the 
laws of the United States, or of this state, and shall be armed, 
equipped and trained, as the general assembly may provide by law. 

[By proper legislative action (11 G. A., chap. 98 and 12 G. A., joint 
res. No. XI) a proposed amendment striking the word " white " from 
this section, as it originally stood, was submitted to the electors at the 
general election in 1868 and adopted.] 



188 THE GOVERNMENT OF IOWA. 

Exemption. Sec. 2. No person or persons conscientiously scru- 
pulous of bearing arms shall be compelled to do military duty in time 
of peace : provided that such person or persons shall pay an equiva- 
lent for such exemption in the same manner as other citizens. 

Officers. Sec. 3. All commissioned officers of the militia (staff 
officers excepted) shall be elected by the persons liable to perform 
military duty, and shall be commissioned by the governor. 

ARTICLE VII. — STATE DEBTS. 

Credit not to be loaned. Section 1. The credit of the state shall 
not, in any manner, be given or loaned to, or in aid of, any individual, 
association, or corporation ; and the state shall never assume, or be- 
come responsible for the debts or liabilities of any individual, associa- 
tion, or corporation, unless incurred in time of war for the benefit of 
the state. 

Limitation. Sec. 2. The state may contract debts to supply casual 
deficits or failures in revenues; or to meet expenses not otherwise 
provided for ; but the aggregate amount of such debts, direct and 
contingent, whether contracted by virtue of one or more acts of the 
general assembly, or at different periods of time, shall never exceed the 
sum of two hundred and fifty thousand dollars ; and the money arising 
from the creation of such debts shall be applied to the purpose for 
which it was obtained, or to repay the debts so contracted, and to no 
other purpose whatever. 

Losses to school funds. Sec. 3. All losses to the permanent school, 
or university fund of this state, which shall have been occasioned by 
the defalcation, mismanagement, or fraud of the agents or officers 
controlling and managing the same, shall be audited by the proper 
authorities of the state. The amount so audited shall be a permanent 
funded debt against the state, in favor of the respective fund sustaining 
the loss, upon which not less than six per cent annual interest shall 
be paid. The amount of liability so created shall not be counted 
as a part of the indebtedness authorized by the second section of this 
article. 

War debts. Sec. 4. In addition to the above limited power to 
contract debts, the state may contract debts to repel invasion, 



APPENDIX. 189 

suppress insurrection, or defend the state in war; but the money 
arising from the debts so contracted shall be applied to the purpose for 
which it was raised, or to repay such debts, and to no other purpose 
whatever. 

Question of incurring debt submitted. Sec. 5. Except the debts 
hereinbefore specified in this article, no debt shall be hereafter con- 
tracted by, or on behalf of this state, unless such debt shall be author- 
ized by some law for some single work or object, to be distinctly 
specified therein; and such law shall impose and provide for the 
collection of a direct annual tax, sufficient to pay the interest on 
such debt, as it falls due and also to pay and discharge the principal 
of such debt, within twenty years from the time of the contracting 
thereof ; but no such law shall take effect until at a general election 
it shall have been submitted to the people, and have received a ma- 
jority of all the votes cast for and against it at such election; and all 
money raised by authority of such law, shall be applied only to the 
specific object therein stated, or to the payment of the debt created 
thereby ; and such law shall be published in at least one newspaper in 
each county, if one is published therein, throughout the state, for three 
months preceding the election at which it is submitted to the people. 

Legislature may repeal. Sec. 6. The legislature may, at any time, 
after the approval of such law by the people, if no debt shall have been 
contracted in pursuance thereof, repeal the same ; and may at any time 
forbid the contracting of any further debt, or liability, under such law ; 
but the tax imposed by such law, in proportion to the debt or liability 
which may have been contracted in pursuance thereof, shall remain in 
force and be irrepealable, and be annually collected, until the prin- 
cipal and interest are fully paid. 

Tax imposed distinctly stated. Sec. 7. Every law which imposes, 
continues, or revives a tax, shall distinctly state the tax, and the object 
to which it is to be applied ; and it shall not be sufficient to refer to any 
other law to fix such tax or object. 

ARTICLE VIII. — CORPORATIONS. 

How created. Section 1. No corporation shall be created by 
special laws ; but the general assembly shall provide by general laws, 



I90 THE GOVERNMENT OF IOWA. 

for the organization of all corporations hereafter to be created, except 
as hereinafter provided. 

Property taxable. Sec. 2. The property of all corporations for 
pecuniary profit shall be subject to taxation the same as that of in- 
dividuals. 

State not to be a stockholder. Sec. 3. The state shall not become 
a stockholder in any corporation, nor shall it assume or pay the debt or 
liability of any corporation, unless incurred in time of war for the 
benefit of the state. 

Municipal corporation. Sec. 4. No political or municipal corpo- 
ration shall become a stockholder in any banking corporation, directly 
or indirectly. 

Act creating banking associations. Sec. 5. No act of the general 
assembly, authorizing or creating corporations or associations with 
banking powers, nor amendments thereto, shall take effect, or in any 
manner be in force, until the same shall have been submitted, sepa- 
rately, to the people, at a general or special election, as provided by 
law, to be held not less than three months after the passage of the 
act, and shall have been approved by a majority of all the electors 
voting for and against it at such election. 

State bank. Sec. 6. Subject to the provisions of the foregoing 
section, the general assembly may also provide for the establishment 
of a state bank with branches. 

Specie basis. Sec. 7. If a state bank be established, it shall be 
founded on an actual specie basis, and the branches shall be mutually 
responsible for each other's liabilities upon all notes, bills and other 
issues intended for circulation as money. 

General banking law. Sec. 8. If a general banking law shall be 
enacted, it shall provide for the registry and countersigning, by an 
officer of state, of all bills, or paper credit designed to circulate as 
money, and require security to the full amount thereof, to be deposited 
with the state treasurer, in United States stocks, or in interest-paying 
stocks of states in good credit and standing, to be rated at ten per cent 
below their average value in the city of New York, for the thirty days 



APPENDIX. 191 

next preceding their deposit; and in case of a depreciation of any 
portion of such stocks, to the amount of ten per cent on the dollar, the 
bank or banks owning said stock shall be required to make up said 
deficiency by depositing additional stocks ; and said law shall also pro- 
vide for the recording of the names of all stockholders in such cor- 
porations, the amount of stock held by each, the time of any transfer, 
and to whom. 

Stockholders responsible. Sec. 9. Every stockholder in a banking 
corporation or institution shall be individually responsible and liable 
to its creditors, over and above the amount of stock by him or her 
held, to an amount equal to his or her respective shares so held, for all 
its liabilities accruing while he or she remains such stockholder. 

Bill-holders preferred. Sec. 10. In case of the insolvency of any 
banking institution, the bill-holders shall have a preference over its 
other creditors. 

Suspension of specie payments. Sec. n. The suspension of 
specie payments by banking institutions shall never be permitted or 
sanctioned. 

Amendment or repeal of charters; exclusive privileges. Sec. 12. 
Subject to the provisions of this article, the general assembly shall 
have power to amend or repeal all laws for the organization or creation 
of corporations, or granting of special or exclusive privileges or im- 
munities, by a vote of two-thirds of each branch of the general as- 
sembly ; and no exclusive privileges, except as in this article provided, 
shall ever be granted. 

ARTICLE IX. — EDUCATION AND SCHOOL LANDS. 
1. — EDUCATION. 

Board of education. Section 1. The educational interest of the 
state, including common schools and other educational institutions, 
shall be under the management of a board of education, which shall 
consist of the lieutenant-governor, who shall be the presiding officer 
of the board, and have the casting vote in case of a tie, and one 
member elected from each judicial district in the state. 



192 THE GOVERNMENT OF IOWA. 

Who eligible. Sec. 2. No person shall be eligible as a member of 
said board who shall not have attained the age of twenty-five years, 
and shall have been one year a citizen of the state. 

How elected. Sec. 3. One member of said board shall be chosen 
by the qualified electors of each district, and shall hold the office for 
the term of four years, and until his successor is elected and qualified. 
After the first election under this constitution, the board shall be 
divided, as nearly as practicable, into two equal classes, and the seats 
of the first class thall be vacated after the expiration of two years ; and 
one-half of the board shall be chosen every two years thereafter. 

First session. Sec. 4. The first session of the board of education 
shall be held at the seat of government, on the first Monday of De- 
cember, after their election ; after which the general assembly may fix 
the time and place of meeting. 

Limited. Sec. 5. The session of the board shall be limited to 
twenty days, and but one session shall be held in any one year, ex- 
cept upon extraordinary occasions, when, upon the recommendation 
of two-thirds of the board, the governor may order a special session. 

Secretary. Sec. 6. The board of education shall appoint a sec- 
retary, who shall be the executive officer of the board, and perform 
such duties as may be imposed upon him by the board, and the laws of 
the state. They shall keep a journal of their proceedings, which shall 
be published and distributed in the same manner as the journals of the 
general assembly. 

Rules and regulations. Sec. 7. All rules and regulations made 
by the board shall be published and distributed to the several counties, 
townships, and school districts, as may be provided for by the board, 
and when so made, published, and distributed, they shall have the 
force and effect of law. 

Power to make. Sec. 8. The board of education shall have full power 
and authority to legislate and make all needful rules and regulations 
in relation to common schools, and other educational institutions, that 
are instituted, to receive aid from the school or university fund of this 
state ; but all acts, rules, and regulations of said board may be altered, 
amended, or repealed, by the general assembly; and when so altered, 



APPENDIX. 193 

amended, or repealed, they shall not be re-enacted by the board of 
education. 

Governor ex-officio a member. Sec. 9. The governor of the state 
shall be ex-officio, a member of said board. 

Expenses. Sec. 10. The board shall have no power to levy taxes, 
or make appropriations of money. Their contingent expenses shall 
be provided for by the general assembly. 

State university. Sec. n. The state university shall be estab- 
lished at one place without branches at any other place, and the uni- 
versity fund shall be applied to that institution, and no other. 

Common schools. Sec. 12. The board of education shall provide 
for the education of all the youths of the state, through a system of 
common schools, and such schools shall be organized and kept in each 
school district at least three months in each year. Any district fail- 
ing, for two consecutive years, to organize and keep up a school, as 
aforesaid, may be deprived of their portion of the school fund. 

Compensation. Sec. 13. The members of the board of education 
shall each receive the same per diem during the term of their session, 
and mileage going to and returning therefrom, as members of the 
general assembly. 

Quorum; style of acts. Sec. 14. A majority of the board shall 
constitute a quorum for the transaction of business ; but no rule, reg- 
ulation, or law, for the government of common schools or other edu- 
cational institutions shall pass without the concurrence of a majority 
of all the members of the board, which shall be expressed by the yeas 
and nays on the final passage. The style of all acts of the board shall 
be, " Be it enacted by the board of education of the state of Iowa." 

Board may be abolished. Sec. 15. At any time after the year one 
thousand eight hundred and sixty-three, the general assembly shall 
have power to abolish or reorganize said board of education, and 
provide for the educational interest of the state in any other manner 
that to them shall seem best and proper. 

[The board of education was abolished by 10th G. A., chap. 52, 
Sec. 1.] 



194 THE GOVERNMENT OF IOWA. 



2. — SCHOOL FUNDS AND SCHOOL LANDS. 

Under control of the general assembly. Section i. The educational 
and school fund and lands shall be under the control and management 
of the general assembly of this state. 

Permanent fund. Sec. 2. The university lands, and the proceeds 
thereof, and all moneys belonging to said fund shall be a permanent 
fund for the sole use of the state university. The interest arising from 
the same shall be annually appropriated for the support and benefit 
of said university. 

Lands appropriated. Sec. 3. The general assembly shall encourage, 
by all suitable means, the promotion of intellectual, scientific, moral, 
and agricultural improvement. The proceeds of all lands that have 
been, or hereafter may be, granted by the United States to this state, 
for the support of schools, which may have been or shall hereafter be 
sold, or disposed of, and the five hundred thousand acres of land granted 
to the new states, under an act of Congress, distributing the proceeds 
of the public lands among the several states of the Union, approved in 
the year of our Lord one thousand eight hundred and forty-one, and 
all estates of deceased persons who may have died without leaving a 
will or heir, and also such per cent as has been or may hereafter be 
granted by Congress, on the sale of lands in this state, shall be, and 
remain a perpetual fund, the interest of which, together with all rents 
of the unsold lands, and such other means as the general assembly may 
provide, shall be inviolably appropriated to the support of common 
schools throughout the state. 

Fines, etc., how appropriated. Sec. 4. The money which may have 
been or shall be paid by persons as an equivalent for exemption from 
military duty, and the clear proceeds of all fines collected in the several 
counties for any breach of the penal laws, shall be exclusively applied 
in the several counties in which such money is paid, or fine collected, 
among the several school districts of said counties, in proportion to the 
number of youths subject to enumeration in such districts, to the sup- 
port of common schools, or the establishment of libraries, as the board 
of education shall from time to time provide. 

[There are statutory provisions on this subject.] 



APPENDIX. 195 

Proceeds of lands. Sec. 5. The general assembly shall take meas- 
ures for the protection, improvement, or other disposition of such 
lands as have been, or may hereafter be reserved, or granted by the 
United States, or any person or persons to this state, for the use of the 
university, and the funds accruing from the rents or sale of such lands, 
or from any other source for the purpose aforesaid, shall be, and re- 
main, a permanent fund, the interest of which shall be applied to the 
support of said university, for the promotion of literature, the arts and 
sciences, as may be authorized by the terms of such grant. And it shall 
be the duty of the general assembly, as soon as may be, to provide 
effectual means for the improvement and permanent security of the 
funds of said university. 

Agents of school funds. Sec. 6. The financial agents of the school 
funds shall be the same that, by law, receive and control the state and 
county revenue, for other civil purposes, under such regulations as may 
be provided by law. 

Distribution. Sec. 7. The money subject to the support and main- 
tenance of common schools shall be distributed to the districts in 
proportion to the number of youths, between the ages of five and 
twenty-one years, in such manner as may be provided by the general 
assembly. 

ARTICLE X. — AMENDMENTS TO THE CONSTITUTION. 

How proposed; submission. Section 1. Any amendment or 
amendments to this constitution may be proposed in either house of 
the general assembly ; and if the same shall be agreed to by a majority 
of the members elected to each of the two houses, such proposed 
amendment shall be entered on their journals, with the yeas and nays 
taken thereon, and referred to the legislature to be chosen at the next 
general election, and shall be published, as provided by law, for three 
months previous to the time of making such choice; and if, in the 
general assembly so next chosen as aforesaid, such proposed amend- 
ment or amendments shall be agreed to by a majority of all the 
members elected to each house, then it shall be the duty of the general 
assembly to submit such proposed amendment or amendments to the 
people in such manner, and at such time as the general assembly shall 



196 THE GOVERNMENT OF IOWA. 

provide ; and if the people shall approve and ratify such amendment 
or amendments by a majority of the electors qualified to vote for 
members of the general assembly, voting thereon, such amendment 
or amendments shall become a part of the constitution of this state. 

More than one. Sec. 2. If two or more amendments shall be sub- 
mitted at the same time, they shall be submitted in such manner that 
the electors shall vote for or against each of such amendments sepa- 
rately. 

Convention. Sec. 3. At the general election to be held in the year 
one thousand eight hundred and seventy, and in each tenth year there- 
after, and also at such times as the general assembly may, by law, 
provide, the question, " Shall there be a convention to revise the 
constitution, and amend the same?" shall be decided by the electors 
qualified to vote for members of the general assembly ; and in case a 
majority of the electors so qualified, voting at such election for and 
against such proposition, shall decide in favor of a convention for 
such purpose, the general assembly, at its next session, shall provide 
by law for the election of delegates to such convention. 

ARTICLE XI. — MISCELLANEOUS. 

Jurisdiction of justice of the peace. Section 1, The jurisdiction 
of justices of the peace shall extend to all civil cases (except cases in 
chancery, and cases where the question of title to real estate may 
arise) , where the amount in controversy does not exceed one hundred 
dollars, and by the consent of parties may be extended to any amount 
not exceeding three hundred dollars. 

Counties. Sec. 2. No new county shall be hereafter created con- 
taining less than four hundred and thirty-two square miles ; nor shall 
the territory of any organized county be reduced below that area; 
except the county of Worth, and the counties west of it along the 
northern boundary of this state, may be organized without additional 
territory. 

Indebtedness of political or municipal corporations. Sec. 3. No 
county or other political or municipal corporation shall be allowed to 
become indebted in any manner, or for any purpose, to an amount 
in the aggregate, exceeding five per centum on the value of the taxable 



APPENDIX. 197 

property within such county or corporation — to be ascertained by 
the last state and county tax lists, previous to the incurring of such 
indebtedness. 

Boundaries. Sec. 4. The boundaries of the state may be enlarged, 
with the consent of Congress and the general assembly. 

Oath of office. Sec. 5. Every person elected or appointed to any 
office, shall, before entering upon the duties thereof, take an oath or , 
affirmation to support the constitution of the United States, and of 
this state, and also an oath of office. 

How vacancies filled. Sec. 6. In all cases of elections to fill vacan- 
cies in office occurring before the expiration of a full term, the person 
so elected shall hold for the residue of the unexpired term ; and all 
persons appointed to fill vacancies in office, shall hold until the next 
general election, and until their successors are elected and qualified. 

Land grants located. Sec. 7. The general assembly shall not locate 
any of the public lands which have been, or may be granted by Con- 
gress to this state, and the location of which may be given to the 
general assembly, upon lands actually settled, without the consent 
of the occupant. The extent of the claim of such occupant so ex- 
empted, shall not exceed three hundred and twenty acres. 

Seat of government ; state university. Sec. 8. The seat of govern- 
ment is hereby permanently established, as now fixed by law, at the 
city of Des Moines, in the county of Polk ; and the state university 
at Iowa City, in the county of Johnson. 

ARTICLE XII. — SCHEDULE. 

Supreme law. Section 1. This constitution shall be the supreme 
law of the state, and any law inconsistent therewith, shall be void. 
The general assembly shall pass all laws necessary to carry this con- 
stitution into effect. 

Laws in force. Sec. 2. All laws now in force, and not inconsistent 
with this constitution, shall remain in force until they shall expire or 
be repealed. 

Proceedings not affected. Sec. 3. All indictments, prosecutions, 
suits, pleas, plaints, process, and other proceedings pending in any of 



198 THE GOVERNMENT OF IOWA. 

the courts, shall be prosecuted to final judgment and execution ; and 
all appeals, writs of error, certiorari, and injunctions, shall be carried 
on in the several courts, in the same manner as now provided by law, 
and all offenses, misdemeanors, and crimes that may have been com- 
mitted before the taking effect of this constitution, shall be subject 
to indictment, trial, and punishment, in the same manner as they 
would have been had not this constitution been made. 

Fines inure to the state. Sec. 4. All fines, penalties, or forfeitures 
due, or to become due, or accruing to the state, or to any county 
therein, or to the school fund, shall inure to the state, county, or 
school fund, in the manner prescribed by law. 

Bonds in force. Sec. 5. All bonds executed to the state, or to any 
officer in his official capacity, shall remain in force and inure to the 
use of those concerned. 

First election for governor and lieutenant-governor. Sec. 6. The 
first election under this constitution shall be held on the second Tues- 
day in October, in the year one thousand eight hundred and fifty- 
seven, at which time the electors of the state shall elect the governor 
and lieutenant-governor. There shall also be elected at such election, 
the successors of such state senators as were elected at the August 
election, in the year one thousand eight hundred and fifty-four, and 
members of the house of representatives, who shall be elected in 
accordance with the act of apportionment, enacted at the session of 
the general assembly which commenced on the first Monday of 
December, one thousand eight hundred and fifty-six. 

For secretary, auditor, etc. Sec. 7. The first election for secretary, 
auditor, and treasurer of state, attorney-general, district judges, 
members of the board of education, district attorneys, members of 
congress, and such state officers as shall be elected at the April elec- 
tion, in the year one thousand eight hundred and fifty-seven (except 
the superintendent of public instruction), and such county officers as 
were elected at the August election, in the year one thousand eight 
hundred and fifty-six, except prosecuting attorneys, shall be held on 
the second Tuesday of October, one thousand eight hundred and 
fifty-eight: provided that the time for which any district judge or 



APPENDIX. I99 

other state or county officer elected at the April election in the year 
one thousand eight hundred and fifty-eight shall not extend beyond 
the time fixed for filling like offices at the October election, in the 
year one thousand eight hundred and fifty-eight. 

For judges of supreme court. Sec. 8. The first election for judges 
of the supreme court, and such county officers as shall be elected at 
the August election, in the year one thousand eight hundred and fifty- 
seven, shall be held on the second Tuesday of October, in the year one 
thousand eight hundred and fifty-nine. 

First session of general assembly. Sec. 9. The first regular session 
of the general assembly shall be held in the year one thousand eight 
hundred and fifty-eight, commencing on the second Monday of 
January of said year. 

Senators. Sec. 10. Senators elected at the August election, in the 
year one thousand eight hundred and fifty-six, shall continue in office 
until the second Tuesday of October, in the year one thousand eight 
hundred and fifty-nine, at which time their successors shall be elected 
as may be prescribed by law. 

Offices not vacated. Sec. n. Every person elected by popular 
vote, by a vote of the general assembly, or who may hold office by 
executive appointment, which office is continued by this constitution, 
and every person who shall be so elected or appointed to any such 
office, before the taking effect of this constitution (except as in this 
constitution otherwise provided), shall continue in office until the 
term for which such person has been or may be elected or appointed 
shall expire; but no such person shall continue in office after the 
taking effect of this constitution, for a longer period than the term 
of such office, in this constitution prescribed. 

Judicial districts. Sec. 12. The general assembly, at the first 
session under this constitution, shall district the state into eleven 
judicial districts, for district court purposes ; and shall also provide 
for the apportionment of the members of the general assembly in 
accordance with the provisions of this constitution. 

Submission of constitution. Sec. 13. This constitution shall be 
submitted to the electors of the state at the August election, in the 



200 THE GOVERNMENT OF IOWA. 

year one thousand eight hundred and fifty-seven, in the several elec- 
tion districts in this state. The ballots at such election shall be 
written or printed as follows : those in favor of the constitution, "new 
constitution — yes." Those against the constitution, " new constitu- 
tion — no." The elections shall be conducted in the same manner 
as the general elections of the state, and the poll-books shall be 
returned and canvassed as provided in the twenty-fifth chapter of 
the code, and abstracts shall be forwarded to the secretary of state, 
which abstracts shall be canvassed in the manner provided for by the 
canvass of state officers. And. if it shall appear that a majority of all 
the votes cast at such election for and against this constitution are 
in favor of the same, the governor shall immediately issue his procla- 
mation stating that fact, and such constitution shall be the constitu- 
tion of the state of Iowa, and shall take effect from and after the 
publication of said proclamation. 

Proposition to strike out the word " white." Sec. 14. At the same 
election that this constitution is submitted to the people for its adop- 
tion or rejection, a proposition to amend the same by striking out 
the word " white," from the article on the " right of suffrage," shall 
be separately submitted to the electors of this state for adoption or 
rejection, in the manner following, viz. : a separate ballot may be 
given by every person having a right to vote at said election, to be 
deposited in a separate box. And those given for the adoption of 
such proposition shall have the words, " shall the word ' white ' be 
stricken out of the article on the ' right of suffrage ' ? yes." And those 
given against the proposition shall have the words " shall the word 
' white ' be stricken out of the article on the ' right of suffrage ' ? no." 
And if at said election the number of ballots cast in favor of said 
proposition shall be equal to a majority of those cast for and against 
this constitution, then said word " white " shall be stricken from said 
article and be no part thereof. 

Mills county. Sec. 15. Until otherwise directed by law, the county 
of Mills shall be in and a part of the sixth judicial district of this 
state. 

Biennial elections. Sec. 16. The first general election after the 
adoption of this amendment shall be held on the Tuesday next after 



APPENDIX. 201 

the first Monday in November, in the year one thousand nine hundred 
and six, and general elections shall be held biennially thereafter. In 
the year one thousand nine hundred and six there shall be elected a 
governor, lieutenant-governor, secretary of state, auditor of state, 
treasurer of state, attorney-general, two judges of the supreme court, 
the successors of the judges of the district court whose terms of office 
expire on December 31st, one thousand nine hundred and six, state 
senators who would otherwise be chosen in the year one thousand 
nine hundred and five, and members of the house of representatives. 
The terms of office of the judges of the supreme court which would 
otherwise expire on December 31st, in odd-numbered years, and all 
other elective state, county and township officers, whose terms of 
office would otherwise expire in January, in the year one thousand 
nine hundred and six, and members of the general assembly whose 
successors would otherwise be chosen at the general election in the 
year one thousand nine hundred and five, are hereby extended one 
year and until their successors are elected and qualified. The terms 
of offices of senators whose successors would otherwise be chosen in 
the year one thousand nine hundred and seven are hereby extended 
one year and until their successors are elected and qualified. The 
general assembly shall make such changes in the law governing the 
time of election and terms of office of all other elective officers as shall 
be necessary to make the time of their election and terms of office 
conform to this amendment, and shall provide which of the judges 
of the supreme court shall serve as chief justice. The general assem- 
bly shall meet in regular session on the second Monday in January, 
in the year one thousand nine hundred and six, and also on the second 
Monday in January, in the year one thousand nine hundred and seven, 
and biennially thereafter. 

[By proper legislative action (29 G. A., joint res. No. 5 and 30 G. A., 
joint res. No. 1) a proposed amendment, adding the foregoing section 
number 16 to Article XII, was submitted to the electors at the general 
election in 1904, and adopted. Practically the same amendment was 
adopted by the people November 6, 1900, but the supreme court 
February 1, 1 901, in the case of the State of Iowa ex rel. Marsh W. 
Bailey vs. S. W. Brookhart, respondent, appellant, held that the 
amendment, section 16, was not proposed and adopted as required 
by the constitution, and did not become a part thereof.] 

Done in convention at Iowa City, this fifth day of March, in the 



202 



THE GOVERNMENT OF IOWA. 



year of our Lord one thousand eight hundred and fifty-seven, and of 
the independence of the United States of America, the eighty-first. 

In testimony whereof, we have hereunto subscribed our names : 



Timothy Day, 
S. G. Winchester, 
David Bunker, 
D. P. Palmer, 
Geo. W. Ells, 
J. C. Hall, 
John H. Peters, 
Wm. H. Warren, 
H. W. Gray, 

ROBT. GOWER, 

H. D. Gibson, 
Thomas Seeley, 
Attest : 



A. H. Marvin, 
J. H. Emerson, 
R. L. B. Clarke, 
James A. Young, 
D. H. Solomon, 
M. W. Robinson, 
Lewis Todhunter, 
John Edwards, 
J. C. Traer, 
James F. Wilson, 
Amos Harris, 
Jno. T. Clarke, 

Francis Springer, President. 



S. Ayres, 
Harvey J. Skiff, 
J. A. Parvtn, 
W. Penn Clark, 
Jere. Hollings worth, 
Wm. Patterson, 
D. W. Price, 
Alpheus Scott, 
George Gillaspy, 
Edward Johnstone, 



Th. J. Saunders, Secretary. 

E. N. Bates, Assistant Secretary. 



SUMMARY OF AMENDMENTS TO THE CONSTITUTION. 

By proper legislative action (n G. A., chap. 98, and 12 G. A., joint 
res. No. XI), by vote of the people, November 3, 1868, and procla- 
mation of the governor, December 8, 1868. 

First — Strike the word " white " from section one of article two 
thereof. 

Second — Strike the word " white " from section thirty-three of 
article three thereof. 

Third — Strike the word " white " from section thirty-four of 
article three thereof. 

Fourth — Strike the word " white " from section thirty-five of 
article three thereof. 

Fifth — Strike the word " white " from section one of article six 
thereof. 

By proper legislative action (17 G. A., joint res. No. 5, and 18 G. A., 



APPENDIX. 203 

joint res. No. 6), by vote of the people, November 2, 1880, and cer- 
tificate of the board of state canvassers, December 3, 1880. 

Strike out the words " free white " from the third line of section 
four (4) of article three (3) of said constitution, relating to the legisla- 
tive department. 

By proper legislative action (18 G. A., joint res. No. 8, and 19 G. A , 
joint res. No. 8), by vote of the people, June 27, 1882, and certificate 
of the board of state canvassers, July 28, 1882. 

Section 26. No person shall manufacture for sale, or sell, or keep 
for sale, as a beverage, any intoxicating liquors whatever, including 
ale, wine and beer. The general assembly shall by law prescribe 
regulations for the enforcement of the prohibition herein contained, 
and shall thereby provide suitable penalties for the violation of the 
provisions hereof. 

[The supreme court, April 21, 1883, in the case of Koehler & Lange 
vs. Hill, reported in 60th Iowa, page 543, held that the amendment, 
section 26, as submitted to the electors did not become a part of the 
constitution.] 

By proper legislative action (19 G. A., joint res. No. 12, and 20 G. A., 
joint res. No. 13), by vote of the people, November 4, 1884, and cer- 
tificate of the board of state canvassers, December 10, 1884. 

Amendment 1. The general election for state, district, county and 
township officers, shall be held on the Tuesday next after the first 
Monday in November. 

Amendment 2. At any regular session of the general assembly, 
the state may be divided into the necessary judicial districts for dis- 
trict court purposes, or the said districts may be reorganized and the 
number of the districts and the judges of said courts increased or di- 
minished ; but no reorganization of the districts or diminution of the 
judges shall have the effect of removing a judge from office. 

Amendment 3. The grand jury may consist of any number of 
members not less than five, nor more than fifteen, as the general 
assembly may by law provide, or the general assembly may provide 
for holding persons to answer for any criminal offense without the 
intervention of the grand jury. 

Amendment 4. That section thirteen of article five of the con- 
stitution be stricken therefrom, and the following adopted as such 
section ; 



204 THE GOVERNMENT OF IOWA. 

Section 13. The qualified electors of each county shall, at the 
general. election in the year one thousand eight hundred and eighty- 
six, and every two years thereafter, elect a county attorney, who 
shall be a resident of the county for which he is elected, and shall 
hold his office for two years, and until his successor shall have been 
elected and qualified. 

By proper legislative action (29 G. A., joint res. No. 2 and 30 G. A., 
joint res. No. 2), by vote of the people November eighth, one thousand 
nine hundred and four, and certificate of the board of state canvassers, 
November twenty-ninth, one thousand nine hundred and four. 

That sections thirty-four (34), thirty-five (35) and thirty-six (36) of 
article three (3) of the constitution of the state of Iowa, be repealed 
and the following be adopted in lieu thereof : 

Section 34. The senate shall be composed of fifty members to be 
elected from the several senatorial districts, established by law and at 
the next session of the general assembly held following the taking of 
the state and national census, they shall be apportioned among the 
several counties or districts of the state, according to population as 
shown by the last preceding census. 

Section 35. The house of representatives shall consist of not more 
than one hundred and eight members. The ratio of representation 
shall be determined by dividing the whole number of the population of 
the state as shown by the last preceding state or national census, by 
the whole number of counties then existing or organized, but each 
county shall constitute one representative district and be entitled to 
one representative, but each county having a population in excess of 
the ratio number, as herein provided of three-fifths or more of such 
ratio number shall be entitled to one additional representative, but said 
addition shall extend only to the nine counties having the greatest 
population. 

Section 36. The general assembly shall, at the first regular session 
held following the adoption of this amendment, and at each succeeding 
regular session held next after the taking of such census, fix the ratio 
of representation, and apportion the additional representatives, as 
herein before required. 

By proper legislative action (29 G. A., joint res. No. 5, and 30 G. A., 
joint res. No. 1), by vote of the people November eighth, one thousand 



APPENDIX. 205 

nine hundred and four, and certificate of the board of state can- 
vassers, November twenty-ninth, one thousand nine hundred and 
four. 

*Add as section sixteen, to article twelve of the constitution, the 
following : 

Sec. 16. The first general election after the adoption of this amend- 
ment shall be held on the Tuesday next after the first Monday in No- 
vember in the year one thousand nine hundred and six, and general 
elections shall be held biennially thereafter. In the year one thousand 
nine hundred and six there shall be elected a governor, lieutenant- 
governor, secretary of state, auditor of state, treasurer of state, at- 
torney-general, two judges of the supreme court, the successors of the 
judges of the district court whose terms of office expire on December 
31st, one thousand nine hundred and six, state senators who would 
otherwise be chosen in the year one thousand nine hundred and five, 
and members of the house of representatives. The terms of office of 
the judges of the supreme court which would otherwise expire on De- 
cember 31st, in odd-numbered years, and all other elective state, 
county and township officers whose terms of office would otherwise 
expire in January, in the year one thousand nine hundred and six, and 
members of the general assembly whose successors would otherwise be 
chosen at the general election in the year one thousand nine hundred 
and five, are hereby extended one year and until their successors are 
elected and qualified. The terms of office of senators whose successors 
would otherwise be chosen in the year one thousand nine hundred and 
seven are hereby extended one year and until their successors are 
elected and qualified. The general assembly shall make such changes 
in the law governing the time of election and terms of office of all other 
elective officers as shall be necessary to make the time of their election 
and terms of office conform to this amendment, and shall provide 
which of the judges of the supreme court shall serve as chief justice. 
The general assembly shall meet in regular session on the second 
Monday in January, in the year one thousand nine hundred and six, 



* Practically the same amendment was adopted by the people November 6, 1900, 
but the supreme court, February 1, 1901, in the case of the State of Iowa ex rel. 
Marsh W. Bailey vs. S. W. Brookhart, respondent, appellant, held that the amend- 
ment, section 16, was not proposed and adopted as required by the constitution, and 
did not become a part thereof. 



206 THE GOVERNMENT OF IOWA. 

and also on the second Monday in January in the year one thousand 
nine hundred and seven, and biennially thereafter. 

By proper legislative action (31 G. A., joint res. No. 1 and 32 G. A. 
joint res. No. 2), by vote of the people November third, one thousand 
nine hundred and eight, and certificate of the state board of canvassers, 
November twenty-third, one thousand nine hundred and eight. 

Add to section eighteen of article one of the constitution, the follow- 
ing: 

The general assembly, however, may pass laws permitting the 
owners of lands to construct drains, ditches and levees for agricultural, 
sanitary or mining purposes across the lands of others, and provide for 
the organization of drainage districts, vest the proper authorities with 
power to construct and maintain levees, drains and ditches and to keep 
in repair all drains, ditches and levees heretofore constructed under the 
laws of the state, by special assessments upon the property benefited 
thereby. The general assembly may provide by law for the condem- 
nation of such real estate as shall be necessary for the construction and 
maintenance of such drains, ditches and levees, and prescribe the 
method of making such condemnation. 



INDEX 



Accounts and Finance, Superintendent of ,132. 

Accused persons, rights of, 37, 169, 170. 

Acts, contents of, 178. 

Adair County, 141. 

Adjutant General, 79. 

Administration, 87. 

Administrative officers, tabel of, 93-95. 

Agricultural College Grant, 147. 

Agricultural education, 152, 153. 

Agriculture, State Board of, data relative to, 
100. 

Agriculture and Mechanic Arts, State College 
of, 89. 

Algonquin Indians, tribes of, 8. 

Aliens, rights of, 40, 41, 171. 

Alleghanies, 16. 

Alleys, locating of, 53, 178. 

Amendments, method of making, 195, 196; 
summary of, 202-206. 

Ames, State College at, 89; reference to, 153. 

Anamosa, Reformatories at, 89. 

Andrews, George T., 146. 

Animal Health, Commission of, 85 ; data 
relative to, 99. 

Appeal, right of, 38. 

Appointments, power of making, 78, 79. 

Apportionment of legislators, 179, 180. 

Appropriations, restriction of, 54; Com- 
mittee on, 67; reference to, 177. 

Arbitration, boards of, 157. 

Archaeology, problem in, 7. 

Assembly, right of, 40, 171. 

Assessment, inequalities in, 124, 141 ; method 
of, 140, 141 ; equalization of, 142. 

Assessor, 123; compensation of, 124; un- 
equal assessments by, 124; reference to, 
129 ; assessment by, 140 ; difficulty of work 
of, 141. 

Attainder, prohibition of bills of, 40, 171. 

Attorney-General, prosecution of officers by, 
79; functions of, no; reference to, 186. 

Auditor (Municipal), 129. 

Auditor of State, powers and duties of, 83 ; 
member of Executive Council, 84; refer- 
ence to, 142, 184. 

Australian ballot system, 46. 

Ayres, S., 202. 

Bail, right of, 38, 170; prohibition of exces- 
sive, 39, 170. 
Bailiffs, 119. 
Ballots, provisions relative to, 46. 



Banking, supervision of, 83. 

Banks, choice of, as depositories, 83, 84 ; provi- 
sions of Constitution relative to, 190, 191. 

Bates, E. N., 202. 

Bees, Inspector of, data relative to, 94. 

Belmont (Wisconsin), capital of Territory at, 
20. 

Berry, Jesse, 146. 

Bicameral system, 60, 69. 

Biennial elections, provision for, 200, 201. 

Big Sioux River, 168. 

Bill of Rights (1689), 35. 

Bill of Rights in Constitution, provisions of, 
36-42, 168-172. 

Bills, introduction and passage of, 55, 56, 175, 
176; approval and veto of, 56, 78. 

Binder, State, 85 ; data relative to, 94. 

Births, record of, 118. 

Black Hawk, 18. 

Black Hawk County, 61. 

Black Hawk Purchase, 9. 

Black Hawk War, 8; cause of, 17. 

Blind, College for, 88, 90. 

Board of Control of State Institutions, 79; 
powers and duties of, 88 ; institutions under 
management of, 89. 

Boards, data relative to, 96-101 ; temporary, 
102. (See also special subjects desired.) 

Boats, Inspectors of Passenger, 85 ; data rel- 
ative to, 94. 

Bonds, 198. 

Boundaries of Iowa, 167, 168. 

Bounties, 115. 

Bridges, building of, 115. 

Brindley, John E., statement by, 141. 

British America, 3. 

Buffalo, 9. 

Buffum, Hugh S., statement by, 146. 

Building and loan companies, supervision of, 
83- 

Bunker, David, 202. 

Burgess, John W., 33, 38. 

Burlington, 9; capital of Territory at, 20; 
commission plan of gov3rnment in, 131. 

Calhoun County, 141. 
California, stampede to, n. 
Calvin, Samuel, statement by, 2, 3. 
Canada, cheap lands in, n ; loss of, by France, 

16. 
Candidates, methods of nominating, 47, 48; 

number of signers required of, 48, 49. 



207 



208 



INDEX 



Capital, location of, ig7. 

Capitol, Commission, State, 102. 

Caucus, nominations by, 48. 

Cedar Falls, State Teachers' College at, 89, 
152. 

Cedar Rapids, 107; commission plan of 
government in, 131. 

Census, provision for, 55, 179. 

Chambers, John, recommendations of, rel- 
ative to statehood, 29. 

Charities, public, 158, 159. 

Cherokee, State Hospital for Insane at, 89. 

Chief Justice of Supreme Court, 108. 

China, search for route to, 13. 

Chippewa Indians, 8. 

Cities, incorporation of, 53, 178; limitation 
upon debts of, 54; Superior Courts in, 107, 
130; government of, 125-134; classes of, 
127; officers of, 129, 130. 

Citizenship, difference between suffrage and, 
43; definition of, 43; limitation of State 
relative to, 44. 

City Attorney, 129, 130. 

City Clerk, 130. 

City Engineer, 129. 

City Superintendent, 148. 

Civil cases, trial of, 105, 106. 

Civil Rights, enumeration of, in Constitution, 
35-42, 168-172. 

Civil townships, organization of, 122, 123 

Civil War, n, 47. 

Claim Clubs, 24. 

Clarinda, State Hospital for Insane at, 89. 

Clark County, 141, 

Clark, W. Penn, 202. 

Clarke, John T., 202. 

Clarke, R. L. B., 202. 

Clerk (Municipal), 127. 

Clerk of District Court, powers and duties of, 
117, 118; compensation of, 118. 

Clerk of Supreme Court, 109. 

Climate, character of, in Iowa, 5. 

Clinton County, 61. 

Code Commission, 102. 

Collection of taxes, 140, 143. 

Columbus, discovery by, 6. 

Commerce Counsel, creation of officer of, 91 ; 
powers and duties of, 91, 92. 

Commission of Animal Health, 85; data 
relative to, 99. 

Commission of Pharmacy, 85; data relative 
to, 99- 

Commission Plan of City Government, adop- 
tion of, 131; outline of, 131-133; advan- 
tage of, 133, 134- 

Commissioner of Labor, 79. 

Commissioner (City), primary election for, 
131, 132: election of, 132; powers of, 132; 
responsibility and recall of, 132, 133; limi- 



tation of powers of, 133 ; compensation of, 
133- 

Commissions, data relative to, 96-101 ; tem- 
porary, 102. 

Committees, in House of Representatives, 66, 
67; in Senate, 71. 

Compensation for services, 54. 

Congress, power of, over Territorial laws, 27 ; 
Nicollet boundaries prescribed by, 30; 
Iowa admitted by, 31 ; revenue bills in, 68; 
aid to education by, 146, 147. 

Congressional Districts, 53. 

Congressional townships, 112, 122. 

Congressmen, first election of, 198. 

Connecticut, 10. 

Constables, 79, 123, 163. 

Constitution, important parts of, 33 ; pre- 
amble of, 33; power to change, 135; 
method of amending, in United States, 136. 

Constitution of 1844, drafting of, 29; re- 
jection of, by people, 30. 

Constitution of 1846, adoption of, 31 ; re- 
vision of, 31, 32; amending clause in, 136. 

Constitution of Iowa (present), adoption of, 
32; permanence of, 32, 33; preamble to, 
S3; amendments to, 39, 40, 45, in; 
separation of powers in, 51; oath of Gov- 
ernor to support, 74 ; methods of amending, 
136-138, 195, 196; text of, 167; submis- 
sion of to people, 199, 200; summary of 
amendments to, 202-206. 

Constitution of United States, rights asserted 
in, 35 ; definition of citizenship in, 43 ; oath 
of Governor to support, 74. 

Constitutional Convention, methods of 
calling, 137, 138, 196. 

Constitutional Convention of 1844, birth- 
place of members of, 10; meeting of, 29. 

Constitutional Convention of 1846, 30. 

Constitutional Convention of 1857, 32. 

Contracts, protection of, 40, 171. 

Conventions (political), nominations by, 48. 

Corn, annual crop of, 4. 

Coroner, see County Coroner. 

Corporation taxes, 140. 

Corporations, limitations of legislature rela- 
tive to, 54; regulation of, 155, 156; pro- 
visions of Constitution relative to, 189-191. 

Correction of criminals, methods of, 159, 160. 

Council (Municipal), election of, 127, 132; 
composition of, 128 ; compensation of mem- 
bers of, 128, 133; veto of acts of, 129; 
compensation of mayor fixed by, 129; ap- 
pointments by, 130; primary election for 
members of, 131, 132; departments man- 
aged by members of, 132; limitation of 
power of, 133; taxes levied by, 140; 
equalization of assessments by, 142; ref- 
erence to, 158. 



INDEX 



209 



Council (Territorial), number of members of, 
27. 

Council Bluffs, School for Deaf at, 8g; ref- 
erence to, 107. 

Counties, change in area or boundaries of 53, 
178; prohibition of division of, 53; limi- 
tation upon debts of, 54, 196, 197 ; appor- 
tionment of Representatives to, 60, 61 ; 
area of, 112, 113, 196. 

County, sittings of District Court in, 106; 
government of, 11 2-1 21 ; election of Super- 
visors in, 113; management of affairs of, 
114, 115. 

County Attorney, 79, 163, 186, 187; functions 
of, 109, no, 115. 

County Auditor, nomination papers filed with, 
48, 49; powers and duties of, 115, 116; 
compensation of, 116; reference to, 142. 

County Clerk, powers and duties of, 117, 118; 
compensation of, 118. 

County Coroner, powers and duties of, 119; 
compensation of, 120. 

County fairs, 115. 

County High School, 150. 

County officers, number of signers necessary 
for nomination of, 48, 49; prosecution of, 
79; list of, 113 ; powers and duties of, 113- 
121; resignation of, 116; reference to, 198. 

County Recorder, powers and duties of, 117; 
compensation of, 117. 

County seats, location of, 53; changing of, 
178. 

County Sheriff, powers and duties of, 118, 
119; compensations of, 119; reference to, 
163, 164. 

County Superintendent, powers and duties of 
120,149; compensation of, 120, 121 ; ref- 
erence to, 148; institute conducted by, 151. 

County Surveyor, office of, abolished, 121. 

County-Township System, 123. 

County Treasurer, powers and duties of, 116, 
117; compensation of, 117; reference to, 
143- 

Coureurs de bois, 15. 

Courts, classes of, 105-109, 184. 

Credit of the State, prohibition upon loaning 
of, 54- 

Crime, punishment and correction of, 159, 
160, 

Criminal cases, trial of, 105, 106. 

Criminals, suffrage denied, 44, 173. 

Curators of State Historical Society of Iowa, 
data relative to, 96. 

Custodian of Public Buildings and Property, 
85; data relative to, 93. 

Dairy and Food Commissioner, reference to, 

79, 85 ; data relative to, 94. 
Danes, immigration of, to Iowa, 11. 



Davenport, 9 ; Soldiers' Orphans' Home at, 
89. 

Davis, Jefferson, miners driven from Du- 
buque by, 23. 

Day, Timothy, 202. 

Deaf, School for, 89. 

Deaths, record of, 118. 

Debt, imprisonment for, prohibited, 40, 171. 

Debts, limitations upon, by cities or counties, 
54; State, provisions of Constitution rel- 
ative to, 188, 189. 

Declaration of Independence, 35, 136. 

Deeds, record of, 116. 

Democrats, objection of, to revision of Con- 
stitution, 31. 

Dental Examiners, Board of, 85 ; data rel- 
ative to, 96. 

Departments of government, 51, 173. 

Depositories, choice of, 83, 84. 

Deputy Marshals, 129, 163. 

Des Moines, derivation of name, 14; sessions 
of legislature at, 52; reference to, 83; 
adoption of commission plan in, 131; 
capital located at, 197. 

Des Moines County, 124, 141. 

Des Moines Plan of City Government, adop- 
tion of, 131; outline of, 131-133; advan- 
tages of, 133, 134. 

Des Moines River, 167, 168. 

De Soto, Fernando, discovery of Mississippi 
by, 13- 

Distribution of powers, 173. 

District Attorney, 198. 

District Court, right of appeal to, 38 ; officers 
removed by, 79; appeals to, 106; juris- 
diction of, 106, 185 ; reference to, 107, 126, 
163; execution of judgments of, 119; 
composition of, 185. 

District Judges, number of, 106 ; reference to, 
126, 198; election of, 185, 186; salary of, 
185, 186. 

District schools, supervision of, 149; in- 
efficiency in, 150. 

Ditches, amendment to Constitution relative 
to, 39, 40. 171. 

Divorces, granting of, by legislature pro- 
hibited, 53, 178. 

Dolliver, Jonathan, election of successor to, 
58. 

Dragoons, First United States, expedition of, 
18, 19. 

Drainage districts, 115. 

Drains, amendment relative to, 171. 

Dubuque County, 61. 

Dubuque, Julien, settlement by, 9; visit of 
Pike to, 18. 

Dubuque, lead mines in vicinity of, 9; com- 
pact of miners at, 22, 23; miners driven 
from, 23. 



210 



INDEX 



Due process of law,37. 169. 
Duelling, prohibition of, 36, 169. 
Du Luth, explorations by, 15. 
Dutch, first settlement by, 11. 

Economic legislation, 155-165. 

Education, Board of (old), 191-193, 198. 

Education, provisions for, 145-153, 191-193; 
aid to, by Congress, 146, 147; amount of 
money expended for, 147; purpose of, 150, 
151; agencies for purpose of, 153. 

Education, School of, 152. 

Education, State Board of (present), 79. 88; 
composition, powers, and duties of, 89, 90. 

Educatioaal Commission, 102, 150. 

Educational Examiners, Board of, 85, 120, 
148; data relative to, 96. 

Edwards, John, 202. 

Eldora, Industrial School at, 89. 

Election, definition of, 43. 

Election officers, 46. 

Election precincts, 46. 

Elections, regulations relative to, 44, 45, 46; 
duties of Auditor relative to, 116; refer- 
ence to, 123; method of conducting, 173; 
time of holding, 173; provisions for bien- 
nial, 200, 201. 

Elector at Large, nomination of, 48. 

Electors, privileges of, 46, 47, 172, 173; 
qualifications of, 172; classes denied priv- 
ileges of, 173. 

Ells, George W., 202. 

Emerson, J. H., 202. 

Eminent domain, right of, 39, 40, 171. 

Employers' Liability Commission, purpose of, 
102. 

England, 13, 67; territory gained by, 16; 
territory ceded to United States by, 16. 

English, 11. 

Equalization of assessment, 140, 142. 

Eskimoid man, 7. 

Europe, municipalities in, 126. 

Executive Council, compensation of members 
of, 76, 83, 84, 85; removal power of, 79; 
approval of acts of Treasurer by, 83 ; com- 
position of , 84 ; creation of, 84; powers and 
duties of, 84, 85 ; equalization of assess- 
ments by, 142. 

Executive Department, article in Constitution 
relative to, 181-184. 

Executive Journal, 81. 

Executive officers, 82. 

Exemptions from taxation, 142. 

Ex post facto laws, prohibition of, 40, 171. 

Express companies, regulation of rates of, 92. 

Farmers, agricultural education of, 152, 153. 
Farms, value and products of, 3, 4. 
Feeble-minded Children, Institution for, 89. 



Finance Committee of Board of Education, 90. 

Fines, prohibition of, excessive, 39, 170; dis- 
position of proceeds of, 194, 198. 

Fire, protection of property from, 160, 161. 

Fire Marshal, State, data relative to, 94; 
powers and duties of, 160, 161. 

Fish and Game Warden, 85, 162; data rel- 
ative to, 93. 

Five Hundred Thousand Acre Grant, 147. 

Five Section Grant, 147. 

Floyd, Sergeant Charles, death of, 17; per- 
petuation of memory of, 17, 18. 

Floyd County, 18. 

Floyd River, 18. 

Food and Dairy Commissioner, 79, 85 ; data 
relative to, 94. 

Fort Des Moines, 19. 

Fort Dodge Claim Club, extract from records 
of, 24. 

Fort Madison, Penitentiary at, 89. 

Fox Indians, remnant of, 8. 

France, 13 ; confirmation of title of, to Missis- 
sippi Valley, 15, 16; territory lost by, 16; 
purchase of Louisiana from, 16. 

French, basis of claim of, to Louisiana, 15. 

Fugitive Slave Law, 37. 

Functions of government, 92, 93. 

Galveston (Texas), commission plan of govern- 
ment at, 131. 

Game Warden, Fish and, 85, 162; data rel- 
ative to, 93. 

General Assembly, composition of, 51 ; ses- 
sions of, 51, 52 ; adjournment of, 52 ; scope 
of powers of, 52, 53 ; restrictions on powers 
of, 53-55 ; provision for census by, 55 ; 
passage of bills by, 55, 56; rules of pro- 
cedure in, 57 ; journal of proceedings of, 58 ; 
publication of laws of, 58 ; apportionment 
of representation by, 61 ; votes for Gov- 
ernor counted by, 73 ; tie in election of Gov- 
ernor decided by, 73; resignation of 
Governor sent to, 75 ; salary of Governor 
fixed by, 76; recommendations of Gov- 
ernor to, 76, 77 ; power of Governor to con- 
vene and adjourn, 77, 78, 182, 183 ; veto of 
bills passed by, 78 ; appointive power given 
to Governor by, 78, 79; reports required 
by, 80; filling of vacancies in, 81 ; preserva- 
tion of laws and resolutions of, 82 ; officers 
chosen by, 85, 94, 95 ; power of, relative 
to local government, 112, 135; municipal 
powers granted by, 125 ; part of, in amend- 
ing Constitution, 137, 138; taxes levied by, 
140; problems confronting, 155; article 
of Constitution relative to, 1 73-181; first 
session of, 199. 

General property tax, 140. 

Geological Board, data relative to, 100. 



INDEX 



211 



Germans, immigration of, to Iowa, n. 

Germany, 10. . 

Gibson, H. D., 202. 

Gillaspy, George, 202. 

Glaciers, work of, 2, 3- . , , 

Glenwood, Institution for Feeble-minded 

Children at, 89. 
Government, functions of, 92, 93 ; purpose ot, 

168; location of seat of, 197- 
Governor (State), power of, to convene and 
adjourn legislature, 52, 77, 78; approval 
and veto of bills by, 56, 176; writs of elec- 
tion issued by, 63; title of, 73 5 election 
and term of office of, 73, 181. 182; oath of 
office of, 73, 74; law of succession to, 74, 
75; resignation or removal of, 75', quali- 
fications of, 75, 76, 182; compensation of, 
76; powers and functions of, 76, 80, »i, 
182-184; recommendations to legislature 
by 76, 77; veto power of, 78; appointing 
power of, 78, 79 5 removal power of, 79; 
military power of, 79, 80, 164; pardoning 
power of, 81; social duties of, 81, 82; re- 
lation of, to executive officers, 82 ; reports 
of Auditor to, 83; member of Executive 
Council, 84; officers appointed by, g3-ioi ; 
first election of, 198. 
Governor (Territorial), powers and duties ot, 

26, 27; limitations on power of, 28. 
Gower, Robert, 202. 

Grand jury, no, in, 187 ; trial by, 170. 
Gray, H. W., 202. 

Great Lakes, 13- - 

Grimes, James W., election of, as Governor 

32- 
GrinnelL to?. 

Grosseilliers, exploration by, 14- 
Guthrie County, 150. 

Habeas Corpus, right of, guaranteed, 38, no. 

Hall, J. C, 202. 

Hall of Archives, 82. 

Harbor Master, 129. 

Harris, Amos, 202. 

Harrison, William Henry, treaty made by, 17 • 

Health, Board of, 79, 158 5 data relative to, 97- 

Health, protection of public, 157, 158. 

Health Physician, 129. .... 

Hennepin, Louis, exploration of Mississippi 

by, IS- 

High schools, normal courses in,. 151- 
Highway Commission, State, data relative to, 

101; reference to, 161. 
Highways, laws relative to, 53; regulation of, 

115; improvement of, 161 , 162; provision 

for, '178. = .. 

Historical Society, Board of. Curators of State, 

85 ; data relative to, 96. . 

Historical Society, State, activities of, 152. 



Hollingsworth, Jeremiah, 202. 

Horticultural Society, State, 103. 

Hotel Inspector, data relative to, 94- , 

House of Commons, special power of, 67, 08. 

House of Representatives (State), 51 ? num- 
ber of members of, 60; basis of representa- 
tion in, 60, 61; vacancies in, 63, 64, i7S - , 
organization and officers of, 66 ; com- 
mittees in, 66, 67 ; special powers of , 67, 68 , 
powers of. 174. 1751 quorum of, 175! ad- 
journment of, 175- . .. 
House of Representatives (Territorial), num- 
ber of members of, 27. 
Huguenots, n. 

Idiots, suffrage denied, 44, *73- 

Illinois, Indian war in, 8; reference to, 10. 

Illinois Indians, 8, 14- 

Illinois River, 14- • - 

Immigrants, desire of. to enter Indian country, 
8; rush of, to Iowa, 11. 

Impeachment, 176, 177- 

Incorporation of towns, method of, 126. 127. 

Independence, State Hospital for Insane at, 
89. . ' ■ f 

Independent districts, 147. 148; powers ot, 

149, 150. 
Indeterminate sentence, 159, 160. 
Indiana, 10. . . 

Indiana Territory, Iowa country under juris- 
diction of, 17- , , ■ ■ H . 
Indians, Mound Builders displaced Joy, 7 , 
tribes of, in Iowa, 8; conflicts with, 8; 
land cessions by, 8, 9 ; dealings of Dubuque 
with, 9; reference to, 14; treaty with 1 7 : 
councils of Dragoons with, 19; prohibition 
of settlement on lands of. 23. 
Indictment, right of, guaranteed, 170. 
Industrial School for Boys, 89. 
Industrial School for Girls, 89- 
Inebriates, State Hospital for, 89. 
Inheritance taxes, 140. 
Initiative, operation of, 133- 
Insane. State Hospital for, 89. 
Insane persons, suffrage denied, 44. 173- 
Institute for teachers, 151- 
Insurance, supervision of, 83. 
Insurrection, methods of dealing with, i6 4: 
Interstate Commerce Commission 92- . 
Iowa, boundaries of. i, 167. 168;.. physical 
features of, 1-3: work of glaaers in, 2 3, 
soil of, 3 ; resources of, 3,4; railroads of 4, 
climate of, Si character of population of. 6 , 
Mound BuiHers in, 6, 7 5 Indian" tribes n 
8; Indian conflicts,*!!, 8; first white settler 
in 9; permanent settlement of, 9. 1°* 
early towns in. 9, iefc nativity of pioneers 
of 10; growth of population of , 10, 11, 
rush of immigrants to, n J ethnic elements 



212 



INDEX 



in, ii, 12; romance of early history of, 13 ; 
landing of Marquette and Joliet in, 14; 
acquisition of, by United States, 17; early 
governments over, 18; expedition of Dra- 
goons through, 18, 19; discovery of, 19; 
naming of, 19, 20; admission of, 20, 31; 
first Congressional survey in, 23; claim 
clubs in, 24; controversy over boundaries 
for, 29, 30; inauguration of State govern- 
ment in, 31 ; regulations relative to suffrage 
in, 44 ; adoption of Australian ballot in, 46 ; 
first school teachers in, 145, 146; land 
grants for education in, 146, 147 ; change in 
character of, 155 ; change in boundaries of, 
197. 

Iowa, Territory of, establishment of, 20, 26 ; 
Organic Act of, 26, 27; position of Gov- 
ernor of, 26, 27 ; legislature of, 27 ; judiciary 
of, 27; first Governor of, 27, 28; amend- 
ments to Organic Act of, 28 ; public educa- 
tion in, 145. 

Iowa Academy of Sciences, 103. 

Iowa City, meeting of Constitutional Con- 
vention at, 29, 30, 32; State Sanitorium 
near, 89; State University at, 89, 197; 
early school at, 146; State Historical 
Society at, 152; reference to, 202. 

Iowa River, Indians on, 8 ; reference to, 14, 20. 

Ioway Indians, 8. 

Ireland, 10. 

Irish, immigration of, to Iowa, n. 

Jefferson, Thomas, 16. 

Jennings, Berryman, 146. 

Johnson County, early school in, 146. 

Johnstone, Edward, 202. 

Joliet and Marquette, landing of, in Iowa, 14. 

Jones, F. E., 146. 

Journals of General Assembly, 58. 

Judicial Department, 105-111, 184-187. 

Judicial Districts, number of, 106 ; organiza- 
tion of, 186, 199. 

Jury, trial by, guaranteed, 37, 169. 

Justice Court, trial in, 38. 

Justice of Peace, jurisdiction and powers of, 
105, 106, 196; reference to, 123. 

Justices of Supreme Court, 108. 

Kentucky, 10. 

Keokuk, 9, 107; commission plan of govern- 
ment in, 131. 
Keokuk Reserve, 9. 
King John, 35. 
Knoxville, Hospital for Inebriates at, 89. 

Labor, Commissioner of, 79. 
Labor legislation, 156, 157. 
Labor Statistics, Bureau of, data relative to, 
99. 



Labor unions, 156. 

Lake Superior, 14, 15. 

Land, cessions of, by Indians, 8, 9. 

Land grants, location of, 197. 

Lander, H. F., 23. 

Langworthy, J. L., 23. 

La Salle, explorations by, 15; Mississippi 

Valley claimed for France by, 16. 
Law, attitude of squatters toward, 23; due 

process of, 37, 169; interpretation of, 105. 
Law Examiners, Board of, data relative to, 

97- 
Laws, uniformity of, 36, 169, 178 ; prohibition 

of local or special, 53, 178; publication of, 

58, 82, 178 ; power to change, 135 ; style of, 

173; taking effect of, 177, 178. 
Lea, Albert M., Notes on Wisconsin Territory 

by, 19, 20; naming of Iowa by, 19, 20; 

statement by, 24. 
Lee County, 19, 146. 
Legislative Assembly, composition of, 27 ; 

powers of. 27. 
Legislative department, article in Constitu- 
tion relative to, 173-181. 
Levy of taxes. 140. 
Lewis and Clark Expedition, 17, 18. 
Library Commission, 85 ; data relative to, 

100. 
Library Trustees, Board of, data relative to, 

97- 
Lieutenant-Governor, powers and duties of, 

70, 71, 183, 184; election of, 73, 181, 182; 

Senate presided over by, 74 ; succession of, 

to governorship, 75 ; first election of, 198. 
Linn County, 61. 
Liquors, intoxicating, amendment relative to, 

41, 42, 172; methods of regulating sale of, 

163. 
Live stock, value of, 4. 

Loan and trust companies, supervision of, 83. 
Local government, status of, 112. 
Lotteries, prohibition of, 53, 178. 
Louisa County, landing of Marquette and 

Joliet in, 14. 
Louisiana, District of, Iowa as part of, 17- 
Louisiana, mounds in, 7; basis of French 

claim to, 15; naming of, 16; change in 

jurisdictions over, 16; purchase of, by 

United States, 16, 17- 
Louisiana, Territory of, Iowa country as part 

of, 18. 
Lucas, Robert, remonstrance against, 28; 

recommendations of, relative to statehood, 

28, 29. 
Lucas Boundaries, 29. 

McClain, Emlin, statement by, 41. 
McPheeters, James, 23. 
Magna Charta, 35. 



INDEX 



213 



Maine, 10. 

Man, prehistoric, 6. 

Manufactures, value of annual product of, 4. 

Markets, Superintendent of, 129. 

Marquette and Joliet, landing of, in Iowa, 
14. 

Marriage licenses, issuance of, 118. 

Marshall, 79, 129, 163. 

Marshalltown, Soldiers' Home at, 89. 

Martial law, effect of, 40. 

Marvin, A. H., 202. 

Massachusetts, 10. 

Mayflower Compact, 22. 

Mayor, 79, 164 ; election of, 127, 132 ; powers 
and duties of, 128, 129; appointive power 
of, 129; veto power of, 129; compensation 
of, 129; primary election for, 131, 132; 
department managed by, 132. 

Mechanic Arts, State College of Agriculture 
and, 89. 

Medical Examiners, Board of, data relative to, 
97- 

Meskwaki Indians, 8. 

Message of Governor, 182. 

Michigan, Territory of, Iowa country at- 
tached to, 18; reference to, 145. 

Military, subordination of, 38, 170. 

Military power, 79, 80. 

Militia, 163, 164; commander-in-chief of, 182 ; 
article in Constitution relative to, 187, 188. 

Mills County, 200. 

Mine Inspectors, 79; data relative to, 95. 

Mine Inspectors, State, Board of Examiners 
for, 85 ; data relative to, 96. 

Mineral products, annual output of, 4. 

Miners' Compact, 22, 23. 

Minnesota, 1, 3, 19, 147; Indians in, 8. 

Mississippi River, 1, 9, 167, 168; exploration 
west of, 8 ; struggle for country west of, 13 ; 
discovery of, 13; Radissonand Grosseilliers 
on, 14; voyage of Marquette and Joliet 
down, 14, 15 ; exploration of, by Hennepin, 
15; French flag unfurled at mouth of, 16; 
control of commerce of, 16; expedition of 
Pike to sources of, 18. 

Mississippi Valley, importance of, to world, 1 ; 
glaciers in, 3 ; Mound Builders in, 7 ; ex- 
ploration of, by La Salle, 15; French title 
to, confirmed, 15, 16; marches of Dragoons 
through, 18. 

Missouri, 1 ; Indians in, 8; admission of, 18, 
22; northern boundary of, 167, 168. 

Missouri, Territory of, Iowa country as part 
of, 18. 

Missouri Indians, 8. 

Missouri River, 1, 30, 168; exploration of, 
by Lewis and Clark, 17, 18. 

Mitchellville, Industrial School at, 89, 

Mobs, method of dealing with, 164. 



Moingona Indians, 14. 

Moneys and credits, concealing of, 141. 

Morals, legislation relative to, 162, 163. 

Mound Builders, mounds left by, 7 ; displace- 
ment of, 7. 

Mt. Pleasant Hospital for Female Inebriates, 
89. 

Mt. Pleasant, State Hospital for Insane at, 89. 

Municipal Accounting, supervision of, 83. 

Municipal government, 125-134; failure of, 
130. 

Municipal officers, 127-130. 

Municipalities, source of powers of, 125; 
classification of, 126, 127, 130; incorpora- 
tion of, 126, 127; powers of, 127; limit on 
debts of, 196, 197. 

Muscatine, strike at, 40. 

Napoleon (Iowa), 9. 

Napoleon Bonaparte, Louisiana sold by, 16. 

Natural resources, preservation of, 162. 

New Boston, 10. 

New Englanders, settlement of, in Iowa, 10. 

New Hampshire, 10. 

New Jersey, 10. 

New York, 10, 41. 

Nicollet, Jean, exploration of, 13, 14. 

Nicollet, Jean N., map made by, 168. 

Nicollet Boundaries, 30. 

Nomination, method of securing, 47-49. 

Normal courses in high schools, 151. 

Normal School, State, 151. 

North Carolina, 10. 

Northwest Territory, Ordinance of, 41, 145. 

Norwegians, immigration of, to Iowa, 11. 

Oakdale, State Sanitorium at, 89. 

Oaths of office, 57, 73, 74, 197. 

Oelwein, 107. 

Official Register, 82. 

Ohio, mounds in, 7; reference to, 10, 126. 

Ohio Valley, loss of, by France, 16. 

Oil Inspectors, 79, 85; data relative to, 95. 

Omaha Indians, 8. 

Optometry Examiners, Board of, 85 ; data 

relative to, 98. 
Ordinance of 1787, provision for education in, 

145- 
Organic Act of Territory of Iowa, 26-28. 
Orleans, Territory of, 17. 
Osage Indians, 8. 
Oto Indians, 8. 
Ottaway Indians, 8. 

Palmer, D. P., 202. 
Pardoning power, 81, 183. 
Park Commissioners, 130. 
Parks and Public Property, Superintendent of, 
132. 



214 



INDEX 



Parole, Board of, 79, 81, 85 ; data relative to, 

08. 
Parvin, J. A., 202. 
Patterson, William, 202. 
Pella, settlement of, 11. 
Penalties for crime and offenses, 159. 
Penitentiary at Ft. Madison, 89. 
Pennsylvania, 10. 
People, relation of, to government, 138, 164, 

168; question of debt referred to, 189; 

submission of Constitution to, 199, 200; 

submission of amendment to, 200. 
Perry, 107. 

Personal security, guarantee of, 37. 
Persons, rights of, 36, 168 ; changing of names 

of, 53, 178. 
Peters, John H., 202. 
Petition, right of, 40, 171. 
Pharmacy, Commission of, 85 ; data relative 

to, 90. 
Physiography, importance of, 1. 
Pike, Zebulon Montgomery, expedition of, 

18. 
Pioneers, perference of, for woodlands, 2; 

birthplaces of, 10. 
Police force, 79, 163, 164. 
Police Judge, 129, 130. 
Political party, definition of, 47 ; machinery 

of, 47, 48; legalizing of, 50. 
Political power, location of, 168. 
Polk, James K., bill for admission of Iowa 

signed by, 31. 
Polk County, 61. 
Poll tax, 140. 

Polling places, location of, 115. 
Poor, care of, 115, 123. 
Population, growth of, 10, n. 
Port Wardens, 129. 
Posse comitatus, 164. 
Pottawattamie County, 61. 
Pottawattamie Indians, 8. 
Powers, distribution of, 173. 
Prairie du Chien, 23. 
Prairies, prominence of, in Iowa, 2. 
Preamble, significance of, 33 ; text of, 167. 
President of United States, Territorial officers 

appointed by, 27. 
President pro tempore of Senate, succession of, 

to governorship, 75. 
Press, freedom of, 37, 169. 
Price, D. W., 202. 
Primary Election, law relative to, 48-50; 

time and manner of holding, 49, 50. 
Printer, State, 85 ; data relative to, 95. 
Private institutions, State aid to, 103. 
Procedure, rules of, 57. 

Property, listing of, for taxation, 140; un- 
dervaluation of, 141. 
Prosecutors, public, 109; duty of, no, in. 



Public Affairs, Superintendent of, 132. 

Public Money, statement of receipts and ex- 
penditures of, 58, 176. 

Public Safety, Superintendent of, 132. 

Public squares, vacating of, 53, 178. 

Punishment, prohibition of unusual, 39, 170; 
kinds of, 159. 

Radisson, exploration by, 14. 

Railroad Commissioners, Board of, powers 
and duties of, 90. 91 ; office supplementary 
to. 91 ; appointment of. 92. 

Railroads, miles of, in Iowa, 4; regulation of , 
90-92. 

Rate of taxation, 142, 143. 

Recall, operation of, in cities, 132, 133. 

Referendum, operation of, 133. 

Reformatories at Anamosa, 89. 

Registration of voters, 46 

Religion, freedom of, 36, 168, 169. 

Removal, power of, 79. 

Rents, reservation of, 41, 172. 

Reporter of Supreme Court, 109. 

Representation, ratio of, 180, 181. 

Representative Districts. 53. 

Representatives, number of, 60; election of, 
61, 174; qualifications of, 61-63, 174; dis- 
qualifications of, 63, 177 ; compensation of, 
64, 65, 177; privileges of, 65, 66, 175; ap- 
portionment of, 179, 180; first election of, 
198. 

Revenue, reports relative to, 83 ; amount of, 
. annually, 84. 

Revenue bills, origin of, 68. 

Revolution, right of, 36. 

Rights, obtaining of, 35 ; guarantee of, in 
Constitution, 36-42, 168-172; sources of, 
42. 

Rights retained, 41, 172. 

Riots, methods of dealing with, 164. 

Road improvement districts, 115. 

Road tax, 140. 

Roads, location of, 53; repairing of, 123; 
improvement of, 161, 162; provision for, 
178; vacating of, 178. 

Robinson, M. W., 202. 

Sac Indians, 6. 

Saint Anthony, Falls of, naming of, 15. 

St. Louis, Indian treaty at, 17; reference to, 

18. 
Saline Land Grant, 147. 
Sanitorium for the Treatment of Tuberculosis, 

88, 89. 
Saunders, Thomas J., 202. 
Schedule in Constitution, 197-201. 
School board, 148, 149. 
School fund, apportionment of, 83 ; control of, 

in counties, 115; reference to, 147; losses 



INDEX 



215 



to, 188; provisions of Constitution relative 
to, 104, 195. 
School lands, 146, 147, 104, 195. 
School laws, need of reform in, 1 50. 
School system, 145-153 ; lack of coordina- 
tion in, 148. 
School townships, 147, 148. 
Schook, private, 145, 146; system of com- 
mon. 147, 148, 193. 
Scoles, Samuel H., 23. 
Scotch-Irish, 11. 
Scotland 10. 
Scott, Al^heus, 202. 
Scott Couity, 61. 

Seal of the State of Iowa, keeper of, 76, 184. 
Search ana seizure, freedom from, 37, 169. 
Seat of Go\ernment, Commission to Locate, 

102. 
Secretary of State, nomination papers filed 
with, 48, 4); reference to, 56, 184, 198; 
laws publisled by, 58; powers and duties 
of, 82, 83; nember of Executive Council, 
84. 
Security, guarantee of, 169. 
Seeley, Thomas, 2 o2. 

Senate, 51; chitf features of, 69; composi- 
tion of, 69; ontested elections in, 70; 
organization anl officers of, 70, 71 ; va- 
cancies in, 70, i);; procedure in, 71; com- 
mittees in, 71, 7; special powers of, 72; 
appointments santioned by, 78 ; powers of, 
i74» x 75; quorun of, 175; adjournments 
of, I7S; president if, 183. 
Senatorial Districts, 5. 

Senators, number of, 6<; election and term of, 
69, 7°> 174; qualificaions of, 70, 174; com- 
pensation of, 70, 177 ;privileges of, 70, 175 ; 
classification of, 174; disqualifications of, 
177; apportionment f, i 79 , 180; first 
election of, 198. 
Separation of powers, 51. 
Settlers, coming of, to Iowa 9 ; nationality of, 

11, 12. 
Shambaugh, Benjamin F., sttement by, 23. 
Shenandoah, 107. 
Sheriff, see County Sheriff. 
Short ballot, advantage of, 133134. 
Sioux City, 17 ; commission pin Q f govern- 
ment in, 131. 
Sioux County, 124, 141. 
Sioux Indians, tribes of, 8. 
Sisseton Indians, 8. 
Sixteenth Section Grant, 146. 
Skiff, Harvey J., 202. 
Slavery, prohibition of, 41, 172. 
Slavs, immigration of, to Iowa, 11. 
Social legislation, 155-165. 
Soils, making of, 3- 
Soldiers, quartering of, prohibited, 38^70; 



suffrage denied, 44, 173; voting by, during 
war, 47; burial of indigent, 115; exemp- 
tion of, from taxation, 142. 

Soldiers' Home, 89. 

Soldiers' Orphans' Home, 89. 

Solomon, D. H., 202. 

Southerners, settlement of Iowa by, 10. 

Sovereignty, location of, 168. 

Spain, 13 ; territory gained by, 16; Louisiana 
receded to France by, 16. 

Spanish land grants, 9. 

Speaker of the House, powers and duties of, 
66; succession of, to governorship, 75. 

Specie payments, suspension of, 191. 

Speech, freedom of, 37, 169. 

Spirit Lake Massacre, 8. 

Springer, Francis, 202. 

Squatter governments, 22. 

Squatters, attitude of, toward law, 23; 
character of, 23, 24. 

State, limitation on power of, 40, 44; limi- 
tation upon debts of, 54 ; claims against, 83. 

State Fair, 153. 

State government, inauguration of, 31. 

State Institutions, Board of Control of, 79. 

State Librarian, 79. 

State officers, number of signers necessary for 
nomination of, 48, 49; impeachment of, 
75; appointment of, 85. 

Statehood, first steps toward, 28, 29. 

Stock Breeders' Association, Improved, 103. 

Street Commissioner, 129. 

Streets, vacating of, 53, 178. 

Streets and Public Improvements, Superin- 
tendent of, 132. 

Style of laws, 173. 

Succession, law of, 74. 75- 

Suffrage, difference between citizenship and, 
43 ; right of States to regulate, 44 ; quali- 
fications for, 44; disqualifications for, 44; 
right of, 172, 173; amendment to Consti- 
tution, relative to, 200. 

Superintendent of Indian Affairs, 27. 

Superintendent of Public Instruction, 120; 
powers and duties of, 148, 149. 

Superintendent of Weights and Measures, 
data relative to, 95. 

Superior Courts, powers and jurisdiction of, 
107, 108; establishment of, 130. 

Supervisors, Board of, 79, 116, 117, 119, 158; 
election and meetings of, 113, 114; powers 
and duties of, 114, 115; establishment of 
townships by, 122, 123; taxes levied by, 
140; equalization of assessments by, 142. 
Supreme Court, oath of office administered 
by justice of, 74; impeachment of judges 
of, 75; reference to, 84; functions and 
jurisdiction of, 108, 109; judges of, 184; 
election of judges of, 184, 185 ; jurisdiction 



2l6 



INDEX 



of, 185 ; salaries of, 185 ; first election of 

judges of, 199. 
Supreme Court (Territorial), composition of, 

27. 
Survey, first, in Iowa, 23. 
Swamp Land Grant, 147. 
Swedes, immigration of, to Iowa, 11. 

Tama County, Indians in, 8. 

Tax Commission, purpose of, 102, 103. 

Taxation, listing of property for, 123, 140, 
141; justification for, 139; difficulty of 
problem of, 139, 140; process of, 140; 
exemptions from, 142; rate of, 142, 143; 
need of reform in, 143, 144. 

Taxes, laws relative to, 53; equalization of, 
123; kinds of, 140; collection of, 143; 
assessment and collection of, 178. 

Taylor, Zachary, 23. 

Teachers, training of, 151. 

Teachers' Association, State, 103. 

Teachers' College, State, 89, 151, 152. 

Tennessee, 10. 

Territorial Governor, 26, 27. 

Territorial Judiciary, 27. 

Territorial Legislature, 27. 

Todhunter, Lewis, 202. 

Town plats, vacating of, 53, 178. 

Towns, founding of, in Iowa, 9, 10; incor- 
poration of, 53, 178; limitation upon debts 
of, 54; government of, 125-134; popula- 
tion of, 127; officers of, 129. 

Township clerk, 123. 

Township officers, resignation of, 116; list of, 
123; powers and duties of, 123, 124. 

Township Trustees, 123, 158; duty of, 124; 
taxes levied by, 140; equalization of assess- 
ments by, 142. 

Townships, establishment of, 114, 122, 123; 
government of, 122-124; powers of, 123; 
elements lacking in government of, 125. 

Traer, J. C, 202. 

Treason, definition of, 38, 39, 170. 

Treasurer (Municipal), 127, 129. 

Treasurer of State, powers and duties of, 83, 
84; member of Executive Council, 84; 
reference to, 184, 198. 

Trial, freedom from second, 38, 70; right of, 
169. 

Tuberculosis, State Sanitorium for the Treat- 
ment of, 88, 89. 

United States, land grants confirmed by, 9; 
acquisition of Iowa by, 17. 



United States Senator, nomination of, 48; 
appointment of, 79. 

University, State, 89, 193 ; School of Educa- 
tion at, 152; location of, 197. 

University Grant, 147. 

Urn, E. M., 23. 

Vacancies, filling of, 197. 

Van Buren, Martin, 20. 

Vermont, 10. 

Veterinary Surgeon, State, 85 ; dala relative 

to, 95- 
Veto power, 78, 176. 
Vinton, College for Blind at, 90. 
Virginia, 10. 
Vital Statistics, State Register of, data 

relative to, ior. 
Vote, right to, 43. 

Voting, duty of, 45 ; method, of, 46. 
Voting Machine Commissiorers, Board of, 

data relative to, 98. 

Wabasha, visit of Dragoonsat village of, 19. 

Wapello County, 61. 

War debts, 188, 189. 

Ward, Duren J. H., statement by, 7. 

Warren, William H., 202 

Ways and Means, Comnittee on, 67, 

Weather and Crop Serice, Director of, 85; 

data relative to, 93. 
Webster County, 124, 41 • 
Weights and Measuts, Superintendent of, 

data relative to, 9- 
Weld, Laenas G., st<-ement by, 14. 
Whigs, victory of, ir 1854, 32. 
White, Dr., statem'it by, 2. 
William and Man Bill of Rights signed by, 

35- 
Wilson, James F. 202. 
Winchester, S. G 202. 
Winnebago Ind-ns, 8. 

Wisconsin, mo fl ds in, 7 ; Indian war in, 8. 
Wisconsin, Te'itory of, Iowa country as part 

of, 20; refience to, 145. 
Wisconsin F^er, exploration of, by Nicollet, 

14. 
Women, e^rts to extend suffrage to, 44; 

rights in school elections, 44; offices 

open tc"7, 120. 
Woodbu- County, 61. 
Wright ounty, 124, 141. 

Youuf James A., 202. 



u; k isn 



One copy del. to Cat. Div. 



OCT 14 isn 



